IMPORTANT JUDGEMENTS for February 2019

IMPORTANT JUDGEMENTS

 100 per cent functional disability in an accident would justify total compensation under Employees Compensation Act.
2019 LLR 121
SUPREME COURT OF INDIA

 Occurring of an accident when proved, compensation would be payable.
2019 LLR 122
SUPREME COURT OF INDIA

 Circumstantial evidence not to be discarded when no eye-witness is available.
2019 LLR 122
SUPREME COURT OF INDIA

 Mere framing of charge of moral turpitude in enquiry would not justify forfeiture of gratuity.
2019 LLR 124
DELHI HIGH COURT

 It is not employer but the court to decide about offence of moral turpitude by an employee.
2019 LLR 124
DELHI HIGH COURT

 Gratuity of an employee can be forfeited only when his service is terminated for prescribed misconduct.
2019 LLR 124
DELHI HIGH COURT

 Theft of official documents and using them against employer by an employee would justify his dismissal.
2019 LLR 129
DELHI HIGH COURT

 An enquiry is to be held fair and proper on compliance of principles of natural justice.
2019 LLR 129
DELHI HIGH COURT

 Plea for denial of proper opportunity by delinquent employee untenable when he himself did not participate in enquiry.
2019 LLR 129
DELHI HIGH COURT

 Factual aspects neither pleaded nor submitted before Tribunal untenable in the High Court.
2019 LLR 129
DELHI HIGH COURT

 A contractor is liable to pay accident compensation resulting into death at construction site.
2019 LLR 134
BOMBAY HIGH COURT

 Last drawn wages to a workman during pendency of proceeding payable only when he files an affidavit about his unemployment
2019 LLR 136
GUJARAT HIGH COURT

 Branch manager having subordinates will not be a '˜workman' under Industrial Disputes Act.
2019 LLR 138
GUJARAT HIGH COURT

 Reinstatement without back wages would be appropriate to a bus conductor removed 14 years earlier for misappropriation of Rs.21.
2019 LLR 140
HYDERABAD HIGH COURT

 Industrial Tribunal not High Court to decide whether the work is of perennial nature performed by workers of a contractor.
2019 LLR 142
PATNA HIGH COURT

 Reinstatement is not automatic even on every illegal termination.
2019 LLR 143
PUNJAB AND HARYANA HIGH COURT

 A sales promotion employee is a '˜workman' under I.D. Act.
2019 LLR 145
PUNJAB AND HARYANA HIGH COURT

 Termination of contractual employee not illegal on expiry of his contract.
2019 LLR 147
PUNJAB AND HARYANA HIGH COURT

 Interest on delayed deposit of ESI contributions can't be waived by any authority or the court.
2019 LLR 149
KARNATAKA HIGH COURT

 Appeal against Employees' Insurance Court is tenable only on question of law.
2019 LLR 151
KARNATAKA HIGH COURT

 Financial capacity of an employer is relevant for fixation of fair wages.
2019 LLR 155
MADHYA PRADESH HIGH COURT

 Bonus can't be claimed in writ petition in view of prescribed forum under the Bonus Act.
2019 LLR 161
HIMACHAL PRADESH HIGH COURT

 Appeal against order of controlling authority not tenable beyond 60+60=120 days.
2019 LLR 165
MADHYA PRADESH HIGH COURT

 A doctor running a clinic with an assistant not to be covered under Industrial Disputes Act.
2019 LLR 173
DELHI HIGH COURT

 Abandonment of job appropriate if an employee fails to comply with offers for resumption of her duty.
2019 LLR 173
DELHI HIGH COURT

 Levy of damages establishing mens rea on the part of employer, is not sustainable
2019 LLR 181
DELHI HIGH COURT

 Onus is upon the employer to produce relevant records for identification of beneficiaries to the EPF Scheme
2019 LLR 183
BOMBAY HIGH COURT

 Non-production of records on the ground that establishment was closed long back and records not available, is not tenable
2019 LLR 183
BOMBAY HIGH COURT

 Only appeal not writ tenable against an order of an authority under the Act.
2019 LLR 186
PUNJAB AND HARYANA HIGH COURT

 Only appeal not writ tenable against an order of an authority under the Act.
2019 LLR 186
PUNJAB AND HARYANA HIGH COURT

 A show cause notice cannot be challenged in writ court unless it is without jurisdiction
2019 LLR 186
PUNJAB AND HARYANA HIGH COURT

 Determination of money payable against an employer can be only u/s 7A of the Act.
2019 LLR 188
PUNJAB AND HARYANA HIGH COURT

 Determination of money payable against an employer can be only u/s 7A of the Act.
2019 LLR 188
PUNJAB AND HARYANA HIGH COURT

 Obligation for contributions arises from the date when Act became applicable upon the employer.
2019 LLR 188
PUNJAB AND HARYANA HIGH COURT

 Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative account.
2019 LLR 190
MADRAS HIGH COURT

 Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative account.
2019 LLR 190
MADRAS HIGH COURT

 Tribunal can lay any condition for staying recovery by an interim order during pendency of appeal.
2019 LLR 192
KARNATAKA HIGH COURT

 Trainee Nurses are not '˜employees' to be covered under the Act.
2019 LLR 193
KERALA HIGH COURT

 Stipend to the trainees would not attract EPF contributions.
2019 LLR 193
KERALA HIGH COURT

 Writ petition for challenging show cause notice for participation in the enquiry is untenable.
2019 LLR 203
MADRAS HIGH COURT

 No demand for EPF contributions for disputed allowances till final decision of the Supreme Court.
2019 LLR 203
MADRAS HIGH COURT

 High Court can stay recovery if the presiding officer of EPFT is not functional.
2019 LLR 206
JHARKHAND HIGH COURT

 Delay for filing appeal after 60+60=120 days cannot be condoned.
2019 LLR 207
KARNATAKA HIGH COURT

 No leniency can be shown by High Court to defaulting contractor for depositing EPF dues.
2019 LLR 209
KARNATAKA HIGH COURT

 Pre-deposit on admission of appeal can be waived by Tribunal when there is a strong prima facie case by the appellant.
2019 LLR 210
BOMBAY HIGH COURT

 Tribunal is empowered to grant 100% waiver of pre-deposit for admission of appeal
2019 LLR 210
BOMBAY HIGH COURT

 Tribunal can grant extension of time for pre-deposit to be made for admission of appeal.
2019 LLR 212
DELHI HIGH COURT

 Tribunal can grant extension of time for pre-deposit to be made for admission of appeal.
2019 LLR 212
DELHI HIGH COURT

 Recovery proceedings untenable during pendency of proceedings u/s 7B pertaining to review of the order
2019 LLR 216
JHARKHAND HIGH COURT

 Recovery of stale dues of 2003 can be allowed to be revered in 10 instalments
2019 LLR 217
KERALA HIGH COURT

 25 per cent of the total material cost will be treated as labour expenditure for attracting EPF contributions.
2019 LLR 218
KERALA HIGH COURT

 Allowing a hospital, facing financial crises, to remit arrears in six instalments, is appropriate.
2019 LLR 218
KERALA HIGH COURT