IMPORTANT JUDGEMENTS for April 2019

IMPORTANT JUDGEMENTS

 Dismissal justified on unauthorized and prolonged continuous absence.
2019 LLR 400
BOMBAY HIGH COURT

 Resignation valid when workman accepted the signature on receipt of payment also.
2019 LLR 361
DELHI HIGH COURT

 Gratuity can't be denied even to a daily wage earner.
2019 LLR 367
DELHI HIGH COURT

 Contractual employees not entitled to maternity benefit after tenure of service.
2019 LLR 363
DELHI HIGH COURT

 Representation by lawyer in enquiry by delinquent employee is not an absolute right.
2019 LLR 419
BOMBAY HIGH COURT

 Payment of last drawn wages not to be recovered even if workman loses in proceedings.
2019 LLR 355
SUPREME COURT OF INDIA

 Transfer not made by competent authority is not valid.
2019 LLR 403
BOMBAY HIGH COURT

 Appointment violative of procedural requirements would be illegal.
2019 LLR 359
DELHI HIGH COURT

 Enquiry to be vitiated for non-supply of the list of witnesses and documents.
2019 LLR 386
PUNJAB AND HARYANA HIGH COURT

 Conveyance allowance is not '˜wages' for ESI contribution.
2019 LLR 381
MADRAS HIGH COURT

 Gratuity is to be calculated on basic wages and D.A. only.
2019 LLR 375
BOMBAY HIGH COURT

 Occupier and manager both are to be prosecuted for violation.
2019 LLR 373
BOMBAY HIGH COURT

 Resignation can be withdrawn before its acceptance.
2019 LLR 415
KERALA HIGH COURT

 Termination of even part time employee without retrenchment compensation is not valid.
2019 LLR 412
PUNJAB AND HARYANA HIGH COURT

 A teacher is entitled to gratuity with retrospective effect.
2019 LLR 411
MADRAS HIGH COURT

 Sales Promotion Manager is not a '˜sales promotion employee'. 1976.
2019 LLR 404
MADHYA PRADESH HIGH COURT

 Transfer when actuated with victimization not justified.
2019 LLR 435
KARNATAKA HIGH COURT

 Claim of wages tenable at the place where employee was posted.
2019 LLR 366
DELHI HIGH COURT

 Transfer to subsidiary establishment not valid in the absence of any condition.
2019 LLR 379
MADRAS HIGH COURT

 Contribution can be levied by ESI only after an opportunity of hearing to employer.
2019 LLR 397
BOMBAY HIGH COURT

 A plea cannot be taken in the High Court if not taken in Labour Court.
2019 LLR 386
PUNJAB AND HARYANA HIGH COURT

 Identification of beneficiaries is imperative for determination of dues.
2019 LLR 461
MADRAS HIGH COURT

 Reduction of pre-deposit for admission of appeal must state reasons.
2019 LLR 462
MADRAS HIGH COURT

 EPF Authority has to ascertain if the default was willful on levy of damages.
2019 LLR 455
KERALA HIGH COURT

 Skipping to consider documents, filed by employer needs to be re-examined.
2019 LLR 461
MADRAS HIGH COURT

 Mechanical imposition of damages for delayed deposit is not tenable.
2019 LLR 453
CHHATTISGARH HIGH COURT

 No EPF contribution on HRA and Overtime payment.
2019 LLR 457
KERALA HIGH COURT

 Recovery proceedings only after determination of dues under the Act.
2019 LLR 449
JHARKHAND HIGH COURT

 An order contrary to the provisions of any Section of the Act is not sustainable.
2019 LLR 462
MADRAS HIGH COURT

 Payments to employees when not paid universally will be excluded from '˜basic wages'.
2019 LLR 457
KERALA HIGH COURT

 Appeal before Tribunal untenable after 60+60 days.
2019 LLR 467
RAJASTHAN HIGH COURT

 Validity of order of EPF Tribunal can't be challenged after one year.
2019 LLR 466
RAJASTHAN HIGH COURT

 Writ tenable against order of EPF Authority if Tribunal is not functioning.
2019 LLR 452
KARNATAKA HIGH COURT

 Any order by EPF Authority should not deviate from the provisions of the Act.
2019 LLR 449
JHARKHAND HIGH COURT

 Commission by deposit collector of bank will be '˜basic wages' for EPF.
2019 LLR 457
KERALA HIGH COURT

 Transferee firm can also be held liable for default by transferor.
2019 LLR 467
RAJASTHAN HIGH COURT

 Review of order of EPF Authority not tenable in absence of any sustainable material.
2019 LLR 447
RAJASTHAN HIGH COURT

 Piece rate payment to workers will attract contributions.
2019 LLR 457
KERALA HIGH COURT