IMPORTANT JUDGEMENTS for March 2018

IMPORTANT JUDGEMENTS

 Reinstatement is not a thumb rule when termination is set aside.
2018 LLR 225
SUPREME COURT OF INDIA

 Earning for mere survival will not be '˜gainful employment'.
2018 LLR 228
DELHI HIGH COURT

 Presenting Officer in enquiry cannot be an independent witness.
2018 LLR 231
DELHI HIGH COURT

 Enquiry officer is not impartial behaving rudely with female employee.
2018 LLR 231
DELHI HIGH COURT

 Back-wages on reinstatement only when no gainful employment during interregnum.
2018 LLR 234
DELHI HIGH COURT

 Internal Complaint Committed under Posh Act is empowered to grant interim relief.
2018 LLR 236
DELHI HIGH COURT

 Non appearance of a person who endorsed the list of employees by ESI authority would establish its authenticity.
2018 LLR 240
BOMBAY HIGH COURT

 Use of LPG gas or electricity for manufacturing would justify applicability of ESI Act.
2018 LLR 240
BOMBAY HIGH COURT

 Compensation Commissioner is empowered to award more than as claimed.
2018 LLR 247
BOMBAY HIGH COURT

 High Court will not entertain writ petition against an interim order of Labour Court.
2018 LLR 249
HYDERABAD HIGH COURT

 A daily wager has no right to hold the post for continuation.
2018 LLR 253
PUNJAB AND HARYANA HIGH COURT

 Death of an employee due to heart attack due to work stress will be an employment accident.
2018 LLR 257
ALLAHABAD HIGH COURT

 Acceptance of resignation despite its withdrawal by employee is not legal.
2018 LLR 259
ALLAHABAD HIGH COURT

 Travelling expenses paid for performing duties not wages for ESI contribution.
2018 LLR 261
KERALA HIGH COURT

 ESIC will reimburse expenditure for treatment in absence of such facility with ESI.
2018 LLR 264
KERALA HIGH COURT

 Resignation by an employee with option either to face police case for misappropriation or resign not to be treated under duress.
2018 LLR 269
GAUHATI HIGH COURT

 Termination for suppression of criminal case for getting job without enquiry is invalid.
2018 LLR 273
MADHYA PRADESH HIGH COURT

 Termination of a confirmed workman without enquiry is not legal.
2018 LLR 273
MADHYA PRADESH HIGH COURT

 Limited power is vested in the Labour Court to interfere with the punishment.
2018 LLR 275
GUJARAT HIGH COURT

 Dismissal of a hospital employee for slapping the doctor is justified.
2018 LLR 275
GUJARAT HIGH COURT

 Labour Court is not to interfere in dismissal for grave misconduct.
2018 LLR 275
GUJARAT HIGH COURT

 Exemption under Bonus Act is available only for non-profit establishments.
2018 LLR 285
DELHI HIGH COURT

 Hospital charging from patients cannot be a charitable for exemption under Bonus Act
2018 LLR 285
DELHI HIGH COURT

 Formation of charitable trust and exemption under Income Tax Act are not sufficient to treat it charitable establishment under Bonus Act.
2018 LLR 285
DELHI HIGH COURT

 240 days working is established when employer fails to provide attendance record.
2018 LLR 302
UTTARAKHAND HIGH COURT

 Adjudicator has to decide a reference but cannot question its maintainability.
2018 LLR 306
HIMACHAL PRADESH HIGH COURT

 Gratuity cannot be adjusted against loan despite employee's undertaking.
2018 LLR 307
CALCUTTA HIGH COURT

 Seeking direction in a writ for representation by co-worker in enquiry will not be entertained.
2018 LLR 313
MADRAS HIGH COURT

 Group Sales Manager is not a 'œworkman' under the I.D. Act.
2018 LLR 315
MADRAS HIGH COURT

 Strike illegal when resorted immediately after settlement.
2018 LLR 316
KARNATAKA HIGH COURT

 A defaulting employer does not deserve sympathy under EPF & MP Act.
2018 LLR 326
PUNJAB AND HARYANA HIGH COURT

 Request for production of record before EPF Tribunal may be allowed on payment of cost.
2018 LLR 326
PUNJAB AND HARYANA HIGH COURT

 A Director can escape liability for EPF arrears if he is not the in-charge of establishment.
2018 LLR 327
KERALA HIGH COURT

 If an employee deposits up to salary ceiling will entitled to pension on actual salary.
2018 LLR 328
MADHYA PRADESH HIGH COURT

 Higher pension available when an employee is depositing additional amount.
2018 LLR 328
MADHYA PRADESH HIGH COURT

 An employer cannot escape from applicability of Act unless EO's report is rebutted.
2018 LLR 331
PATNA HIGH COURT

 EPF Tribunal is not empowered to condone delay in filing appeal after 60+60 days.
2018 LLR 334
CALCUTTA HIGH COURT

 Pleas not taken before the EPF Authority cannot be taken before the Writ Court.
2018 LLR 334
CALCUTTA HIGH COURT

 Employer cannot escape liability for damages for the period after the stay was vacated.
2018 LLR 335
KERALA HIGH COURT

 Damages for delayed payment of EPF dues not tenable if there was stay order.
2018 LLR 335
KERALA HIGH COURT

 Recovery of PF of dues when not made from transferor, the EPFO would proceed against transferee of establishment.
2018 LLR 336
KERALA HIGH COURT

 Appeal against show cause notice for recovery not tenable before EPFA Tribunal.
2018 LLR 337
MADRAS HIGH COURT

 Damages and cost of recovery will be payable by the defaulter of dues.
2018 LLR 337
MADRAS HIGH COURT

 An employee can't be treated as canteen contractor when not so stated at initial stage of enquiry for coverage.
2018 LLR 338
PUNJAB AND HARYANA HIGH COURT

 An affidavit can't be a substitute for agreement between employer and contractor.
2018 LLR 338
PUNJAB AND HARYANA HIGH COURT

 Failure to contribute for 10 years, an employee will not be entitled to pension.
2018 LLR 339
PUNJAB AND HARYANA HIGH COURT

 Neither pension nor any other PF dues can be claimed under section 33-C(2) of the ID Act.
2018 LLR 339
PUNJAB AND HARYANA HIGH COURT

 Principal employer can't escape liability for the defaulting contractor.
2018 LLR 341
PUNJAB AND HARYANA HIGH COURT

 The employees of contractor will be entitled to be member of the provident fund working in the covered establishment.
2018 LLR 341
PUNJAB AND HARYANA HIGH COURT