IMPORTANT JUDGEMENTS for May 2018

IMPORTANT JUDGEMENTS

 Striking workmen restrained from staging dharna, demonstration etc. within 500 meters of the site of employer.
2018 LLR 535
HIMACHAL PRADESH HIGH COURT

 Mere gate passes not sufficient for treating contractor's workers as employee of principal employer.
2018 LLR 488
PATNA HIGH COURT

 Not challenging transfer initially is untenable.
2018 LLR 465
BOMBAY HIGH COURT

 Conducting inquiry under POSH Act 500 miles away not proper.
2018 LLR 477
MADRAS HIGH COURT

 Removal from service justified on unauthroised occupation of employers' quarters.
2018 LLR 528
KERALA HIGH COURT

 Punishment not to be reduced when past conduct is stigmatic.
2018 LLR 496
KARNATAKA HIGH COURT

 Absence of registration and license under CLRA Act will not entitle contract workers to be employee of principal employer.
2018 LLR 488
PATNA HIGH COURT

 Enquiry findings not to be interfered when based on natural justice
2018 LLR 513
SUPREME COURT OF INDIA

 Non-submission of preparation form and returns are punishable under ESI Act.
2018 LLR 495
MADRAS HIGH COURT

 Gratuity payable for 22 years being on daily wages 3 years prior to regularisation.
2018 LLR 461
SUPREME COURT OF INDIA

 Abandonment can be presumed for long absence without intimation.
2018 LLR 493
PUNJAB AND HARYANA HIGH COURT

 Death due to heart attack while on duty, not always an '˜accident' for compensation.
2018 LLR 464
DELHI HIGH COURT

 For challenging VRS after accepting benefit, the whole amount is to be returned.
2018 LLR 500
KARNATAKA HIGH COURT

 Once the manufacturing process starts, BOCW Act ceases to apply.
2018 LLR 518
CHHATTISGARH HIGH COURT

 Mere long service on daily wages would not justify regularisation.
2018 LLR 542
GUJARAT HIGH COURT

 Transfer may stay only when it is motivated to victimise the workman.
2018 LLR 465
BOMBAY HIGH COURT

 Right to strike work is not absolute under Industrial Disputes Act.
2018 LLR 535
HIMACHAL PRADESH HIGH COURT

 Suffering from Asthma and Hypertension not sufficient to stall transfer.
2018 LLR 465
BOMBAY HIGH COURT

 Dismissal justified for pilferage and causing loss to the management.
2018 LLR 496
KARNATAKA HIGH COURT

 Vague complaint under POSH Act is not tenable.
2018 LLR 472
DELHI HIGH COURT

 Internal Committee can extend the delay of complaint by recording reasons.
2018 LLR 472
DELHI HIGH COURT

 Reinstatement after 27 years of litigation is not an appropriate relief.
2018 LLR 531
GUJARAT HIGH COURT

 Reinstatement justified when employer fails to seek permission of approval under an industrial dispute.
2018 LLR 540
KARNATAKA HIGH COURT

 Dismissal for unauthorised absence set aside when the workman suffered grievous injuries and was hospitalised.
2018 LLR 546
MADRAS HIGH COURT

 Biased member not to be on Internal Committee.
2018 LLR 472
DELHI HIGH COURT

 Pre-deposit condition for filing appeal not applicable when it pertains to levy of damages.
2018 LLR 549
DELHI HIGH COURT

 Attachment of bank account on non-payment of determined dues before 60 days is illegal.
2018 LLR 563
CHHATTISGARH HIGH COURT

 Burden to prove number of employees is upon employer and not EPF authority.
2018 LLR 567
PATNA HIGH COURT

 Financial crises of employer may justify installments of payment of EPF dues.
2018 LLR 564
MADRAS HIGH COURT

 Writ petition tenable when post of Tribunal is lying vacant.
2018 LLR 563
CHHATTISGARH HIGH COURT

 A composite order under section 7-A and 7-Q of the Act is appealable under the Act.
2018 LLR 549
DELHI HIGH COURT

 Before effecting arrest of the employer, his movable and immovable properties be attached and sold.
2018 LLR 575
CALCUTTA HIGH COURT

 Issuing certificate of recovery prior to attachment of bank account is not mandatory.
2018 LLR 552
BOMBAY HIGH COURT

 Mere pendency of proceedings with BIFR not sufficient for recovery of EPF dues.
2018 LLR 564
PATNA HIGH COURT

 No appeal lies against levy of interest for delayed deposit of EPF dues.
2018 LLR 549
DELHI HIGH COURT

 Payment of EPF dues in monthly installments can be directed.
2018 LLR 554
KERALA HIGH COURT

 After coverage, employer cannot contend that in separate entities employees were less than 20.
2018 LLR 555
MADRAS HIGH COURT

 Belated action by EPF Authority in recovering the EPF dues is not illegal.
2018 LLR 564
PATNA HIGH COURT

 Pension is a legally vested right which cannot be taken away.
2018 LLR 570
RAJASTHAN HIGH COURT

 Failure of employer to respond to notice by EPF justifies presumption of non-cooperation.
2018 LLR 567
PATNA HIGH COURT

 Illegal withholding of pension will be payable with interest @ 8.5% per annum.
2018 LLR 570
RAJASTHAN HIGH COURT

 Employer is liable to pay damages with interest upon the delayed payment.
2018 LLR 564
PATNA HIGH COURT

 Appropriate authority under the Act is Director for payment of EPF dues.
2018 LLR 577
KARNATAKA HIGH COURT

 An appeal before Tribunal after expiry of prescribed limitation is not sustainable.
2018 LLR 576
KARNATAKA HIGH COURT

 Writ petition/appeal is not maintainable only if no legal right has been encroached.
2018 LLR 578
KERALA HIGH COURT

 EPF Authority can recover dues in the absence of stay order.
2018 LLR 564
PATNA HIGH COURT