IMPORTANT JUDGEMENTS for April 2018

IMPORTANT JUDGEMENTS

 Loss of 70% earning capacity of a driver appropriate for accident compensation.
2018 LLR 343
SUPREME COURT OF INDIA

 Unexplained and inordinate delay would justify setting aside of dismissal.
2018 LLR 344
SUPREME COURT OF INDIA

 Non-payment of suspension allowance would vitiate an enquiry.
2018 LLR 344
SUPREME COURT OF INDIA

 Reinstatement with back wages appropriate when termination is illegal.
2018 LLR 355
PUNJAB AND HARYANA HIGH COURT

 Awarding back wages sans supporting reasons not tenable.
2018 LLR 360
MADRAS HIGH COURT

 Appeal against recommendations of Internal Committee of POSH Act is to be filed within 90 days.
2018 LLR 363
KERALA HIGH COURT

 For banks and insurance companies, appropriate government will be Central for POSH Act.
2018 LLR 363
KERALA HIGH COURT

 General Manager of a Corporation not a '˜workman'.
2018 LLR 368
SUPREME COURT OF INDIA

 Validity of an enquiry to be decided as preliminary issue.
2018 LLR 371
SUPREME COURT OF INDIA

 Employer can adduce evidence when an enquiry is vitiated.
2018 LLR 371
SUPREME COURT OF INDIA

 Punishment can be interfered by Labour Court despite valid enquiry.
2018 LLR 371
SUPREME COURT OF INDIA

 Unaided educational institutions are covered by ESI.
2018 LLR 382
MADRAS HIGH COURT

 Gratuity can be forfeited only when an employee is guilty of misconducts under the Act.
2018 LLR 384
MADRAS HIGH COURT

 Order of Controlling Authority can be challenged only in appeal.
2018 LLR 390
DELHI HIGH COURT

 Civil Courts can't grant reinstatement to a dismissed employee.
2018 LLR 394
MADRAS HIGH COURT

 Legal representation is not permissible in an enquiry.
2018 LLR 394
MADRAS HIGH COURT

 Casual or part time worker having worked for 240 days will get protection under ID Act.
2018 LLR 402
GUJARAT HIGH COURT

 Beneficial legislation is to be interpreted for welfare of workers.
2018 LLR 406
KERALA HIGH COURT

 Dismissal is justified for pilferage and causing loss.
2018 LLR 415
KARNATAKA HIGH COURT

 Courts would interfere when punishment is too harsh.
2018 LLR 415
KARNATAKA HIGH COURT

 An incorrigible employee does not deserve sympathy.
2018 LLR 415
KARNATAKA HIGH COURT

 Past record, when stigmatic, would not justify reduction of punishment.
2018 LLR 415
KARNATAKA HIGH COURT

 A union leader must be a role model of integrity and law abiding.
2018 LLR 417
KARNATAKA HIGH COURT

 No reinstatement on the loss of confidence of employer.
2018 LLR 424
PUNJAB AND HARYANA HIGH COURT

 An appeal against the composite order for levy of damages and interest is tenable.
2018 LLR 430
DELHI HIGH COURT

 75% pre-deposit of determined amount is a prescribed condition for admission of appeal before EPFT.
2018 LLR 430
DELHI HIGH COURT

 An appeal is not tenable against the order for levy of interest.
2018 LLR 430
DELHI HIGH COURT

 Imposition of cost justified when employer failed to produce records despite 18 opportunities.
2018 LLR 433
PUNJAB AND HARYANA HIGH COURT

 Appeal is not maintainable against every order of PF Authority.
2018 LLR 434
PUNJAB AND HARYANA HIGH COURT

 High Court can defer recovery proceedings if the P.O. of EPFT is not functioning.
2018 LLR 435
KERALA HIGH COURT

 Lifting of attachment order justified when major part of amount is deposited.
2018 LLR 436
MADRAS HIGH COURT

 Attachment order is rightly revoked for releasing wages of employees.
2018 LLR 436
MADRAS HIGH COURT

 Order of attachment is illegal before limitation period of 60 days in filing appeal.
2018 LLR 437
KARNATAKA HIGH COURT

 EPFO will return illegally recovered amount.
2018 LLR 437
KARNATAKA HIGH COURT

 Damages for delayed remittance of EPF contributions not to be waived
2018 LLR 440
KARNATAKA HIGH COURT

 Admission of default would not justify the absence of mens rea.
2018 LLR 440
KARNATAKA HIGH COURT

 Provident Fund is to mitigate the suffering of workers.
2018 LLR 440
KARNATAKA HIGH COURT

 Owner of establishment is liable to make payment of EPF dues.
2018 LLR 441
PUNJAB AND HARYANA HIGH COURT

 EPF dues can be recovered from previous and present owners of establishment.
2018 LLR 441
PUNJAB AND HARYANA HIGH COURT

 Allowing installments justified when major amount as determined is paid by government department.
2018 LLR 442
KERALA HIGH COURT

 Tribunal can pass interim order with or without any condition on admission of appeal.
2018 LLR 443
DELHI HIGH COURT

 EPF authority can recover the determined amount in absence of a stay.
2018 LLR 443
DELHI HIGH COURT

 Exemption under section 17 of the Act, would not exclude the employer from purview of the Act.
2018 LLR 446
UTTARAKHAND HIGH COURT

 Withdrawal of exemption justified when employer switched over to LIC for EDLI scheme.
2018 LLR 446
UTTARAKHAND HIGH COURT

 Withdrawal of exemption justified when the establishment did not maintain the records as prescribed.
2018 LLR 446
UTTARAKHAND HIGH COURT

 Educational institutions are covered by EPF and MP Act.
2018 LLR 455
Uttarakhand HIGH COURT

 Order of the EPF Authority covering the '˜associate members' from retrospective effect is to be set aside.
2018 LLR 456
CHHATTISGARH HIGH COURT

 Copy of the report of EO is to be provided to an employer before initiating proceeding u/s 7A of the Act.
2018 LLR 457
BOMBAY HIGH COURT