Writ petition is not maintainable if petitioner has not exhausted efficacious remedy.
2017 LLR 433
PATNA HIGH COURT
Dismissal of a bank employee forging certificate for employment is justified.
2017 LLR 430
SUPREME COURT OF INDIA
Alleging to have signed the settlement under coercion not tenable when accruing benefits have been accepted.
2017 LLR 423
BOMBAY HIGH COURT
Lawyer's absence' is no valid ground for setting aside an ex-parte award. P&H
2017 LLR 420
PUNJAB AND HARYANA HIGH COURT
Dismissal has to be in rarest of rare cases since it is like capital punishment. and Industrial adjudicator can modify the punishment of dismissal.
2017 LLR 418
KARNATAKA HIGH COURT
Reinstatement would be justified even when termination is oral. and No back wages on reinstatement if workman fails to prove reporting for duty.
2017 LLR 417
KARNATAKA HIGH COURT
Writ petition would not lie when the issues involved can only be resolved on the basis of evidence of the parties.
2017 LLR 414
PUNJAB AND HARYANA HIGH COURT
Reinstatement would be appropriate when the termination is held illegal. and Non-filing of written statement would justify the assertion of the workman in his claim statement. and When junior employees are regularised, senior must be allowed.
2017 LLR 411
PUNJAB AND HARYANA HIGH COURT
A new plea taken first time in the High Court is not tenable.
2017 LLR 408
PUNJAB AND HARYANA HIGH COURT
Proceedings would continue when a party stops appearance indefinitely. and EPF Appellate Tribunal should be liberal when the petitioner was pursuing his remedy before the High Court. and Writ petition is not maintainable if alternate remedy of appeal is available. Ori
2017 LLR 406
ORISSA HIGH COURT
Only dependents of deceased can claim accident compensation.
2017 LLR 401
HIMACHAL PRADESH HIGH COURT
Misappropriation when proved, dismissal is appropriate.
2017 LLR 399
BOMBAY HIGH COURT
Quantum of compensation in lieu of reinstatement would depend on service rendered and period of unemployment etc
2017 LLR 395
BOMBAY HIGH COURT
Unauthorised absence for a long period would justify removal from service. and Mere submitting of leave application does not mean that it has been granted. and Habitual unauthorized absence would justify termination from service.
2017 LLR 390
DELHI HIGH COURT
No limitation is prescribed for determination of damages for late deposit of provident fund contributions. and Rate for damages for delayed deposit of PF dues be taken on initiation of proceedings. and Appeal not writ petition to be filed against an order of EPF authority. and Damages for delayed deposit of PF contributions can't be waived. and Pleas of power-cut, financial problems etc. not mitigating factors for levying damages for delayed deposit of contributions.
2017 LLR 382
ORISSA HIGH COURT
No appeal lies in Tribunal against an order pertaining to levy of interest for delayed deposit. and Appeal before the Tribunal is to be filed within 60 days of the impugned order. and Recovery before expiry of limitation period of appeal would be denial of justice. and Order of attachment before expiry of limitation for filing appeal to be set aside. and Tribunal can waive or reduce the amount to be deposited by the employer on filing appeal. and An appeal will be tenable against a composite order under sections 7-Q and 14-B of the Act. and Amount recovered before limitation period of appeal is to be refunded. Mad
2017 LLR 380
MADRAS HIGH COURT
Writ petition, challenging an order on preliminary issue not tenable.
2017 LLR 376
MADHYA PRADESH HIGH COURT
Review against order u/s 7A of EPF Act is maintainable when error is apparent.
2017 LLR 375
KERALA HIGH COURT
Appeal not writ petition to be filed against an order of EPF authority.
2017 LLR 374
KARNATAKA HIGH COURT
Accident compensation payable by ESIC and not the employer of the insured 'establishment'.
2017 LLR 371
DELHI HIGH COURT
Internal Committee under Sexual Harassment of Women at Workplace (PPR) Act is empowered to enforce attendance of any person
2017 LLR 366
DELHI HIGH COURT
Penalty for sexual harassment based on evidence not to be interfered by the Court.
2017 LLR 357
BOMBAY HIGH COURT
'Computer oriented services' not within the ambit of “the establishment rendering expert service” for coverage under the Act.
2017 LLR 341
BOMBAY HIGH COURT
Erection of building, if not under Factories/Mines Act, will attract cess under BO&CW Act.
2017 LLR 339
BOMBAY HIGH COURT
Industrial adjudicator has to frame issues for determination of dispute. Bom and Initially, it is for the workman to prove non-gainful employment interregnum of industrial dispute. and Compensation instead of reinstatement is appropriate when the establishment is closed.
2017 LLR 352
BOMBAY HIGH COURT
Merely asking of questions by the Enquiry Officer not violative natural justice. and Dismissal of a bus driver for causing fatal accident is not disproportionate. Bom and Enquiry, by providing fair opportunities to the delinquent, not to be vitiated.
2017 LLR 349
BOMBAY HIGH COURT
Wages, when higher than minimum rates, no variable dearness allowance to be payable. and Minimum wages also include medical and education of family members etc. and Minimum wages are to be revised periodically with the cost of index.
2017 LLR 343
BOMBAY HIGH COURT
Claim for accident compensation can't be stalled by registered owner even if vehicle is sold. Insurer of vehicle is liable to pay accident compensation.
2017 LLR 338
SUPREME COURT OF INDIA
Mens rea (guilty mind) is the main factor for deliberately delaying the deposit of EPF contributions.
2017 LLR 337
SUPREME COURT OF INDIA
