IMPORTANT JUDGEMENTS for May 2019

IMPORTANT JUDGEMENTS

 Courts don't interfere in transfer of employees unless mala fide.
2019 LLR 489
MADHYA PRADESH HIGH COURT

 Termination of an employee merely for involvement in a criminal case not justifiable.
2019 LLR 473
SUPREME COURT OF INDIA

 No back wages on reinstatement on acquittal of an embezzler.
2019 LLR 473
SUPREME COURT OF INDIA

 Prosecution for violation of Contract Labour (R&A) Act to be quashed if company is not impleaded with accused.
2019 LLR 535
MADRAS HIGH COURT

 Government can conciliate for settlement not adjudicata an industrial dispute.
2019 LLR 495
PATNA HIGH COURT

 Termination to be set aside when inquiry is vitiated.
2019 LLR 476
DELHI HIGH COURT

 Acceptance of resignation with immediate effect valid on written request of an employee.
2019 LLR 512
PUNJAB AND HARYANA HIGH COURT

 Factors for determination relationship employer and employee clarified by the Supreme Court.
2019 LLR 515
SUPREME COURT OF INDIA

 Dismissal not the termination may have serious implications including denial of gratuity and debarring future employment.
2019 LLR 487
BOMBAY HIGH COURT

 On reinstatement, the same and not different job is to be given to the workman.
2019 LLR 485
DELHI HIGH COURT

 Initial burden is on employer as to whether an employee is a '˜workman' or not.
2019 LLR 498
KERALA HIGH COURT

 Only Industrial Tribunal can determine whether a contract between principal employer and contractor is sham or not.
2019 LLR 503
KARNATAKA HIGH COURT

 Findings of Labour Court on punishment as shockingly disproportionate not to be interfered by High Court.
2019 LLR 522
ALLAHABAD HIGH COURT

 Transfer of a transferable employee not punishment.
2019 LLR 489
MADHYA PRADESH HIGH COURT

 Industrial Tribunal cannot examine validity of reference.
2019 LLR 491
MADHYA PRADESH HIGH COURT

 Industrial Tribunal cannot examine validity of reference.
2019 LLR 498
KERALA HIGH COURT

 Industrial adjudicator is empowered to modify punishment of dismissal or discharge.
2019 LLR 522
ALLAHABAD HIGH COURT

 Enquiry not provided with enquiry report inviting objections.
2019 LLR 506
PUNJAB AND HARYANA HIGH COURT

 Employees appointed by contractor receiving wages from him cannot claim to be worker of principal employer.
2019 LLR 515
SUPREME COURT OF INDIA

 Claim for minimum wages tenable by authority under the Act and not High Court.
2019 LLR 496
HIMACHAL PRADESH HIGH COURT

 Whether an employee is a workman not to be decided as preliminary issue.
2019 LLR 498
KERALA HIGH COURT

 Plea of interim relief can be decided as preliminary issue.
2019 LLR 498
KERALA HIGH COURT

 Plea of interim relief can be decided as preliminary issue.
2019 LLR 498
KERALA HIGH COURT

 Enquiry to be vitiated if relevant documents not provided and defence evidence was not recorded.
2019 LLR 476
DELHI HIGH COURT

 Ex-parte proceedings to be set aside in absence of proper service of summons for appearance.
2019 LLR 513
PUNJAB AND HARYANA HIGH COURT

 Supreme Court clears the path for pension to rise manifold for employees in all firms.
2019 LLR 558
KERALA HIGH COURT

 EPF authority must pass a speaking order under section 7A of the Act.
2019 LLR 552
PATNA HIGH COURT

 Recoveries of determined amount not to be made within the period prescribed for filing appeal in Tribunal.
2019 LLR 557
PUNJAB AND HARYANA HIGH COURT

 High Court can restrain EPF Authority not to take coercive action till the decision of enquiry.
2019 LLR 583
KERALA HIGH COURT

 There is no limit for upper age for coverage of an employee under the Act.
2019 LLR 539
SUPREME COURT OF INDIA

 Three companies running one premises rightly club for coverage under the Act.
2019 LLR 572
PUNJAB AND HARYANA HIGH COURT

 Tribunal can extend only 60 days for filing appeal.
2019 LLR 572
PUNJAB AND HARYANA HIGH COURT

 Recovery untenable in the absence of determination of dues under section 7A of the Act.
2019 LLR 576
JHARKHAND HIGH COURT

 Capping of salary at Rs.15,000 for quantifying pension is absolutely unrealistic.
2019 LLR 558
KERALA HIGH COURT

 Review petition untenable in the absence of any fault in the order.
2019 LLR 551
MADHYA PRADESH HIGH COURT

 Only after withdrawal of PF dues on retirement a member becomes an excluded employee.
2019 LLR 539
SUPREME COURT OF INDIA

 An employer has a right to cross examine department witness while inspected the establishment.
2019 LLR 586
MADRAS HIGH COURT

 Legal heirs liable to pay outstanding EPF dues of defaulting employer.
2019 LLR 582
JHARKHAND HIGH COURT

 Appeal not writ petition tenable challenging order by EPF Authority.
2019 LLR 553
KERALA HIGH COURT

 Appeal not writ petition tenable challenging order by EPF Authority.
2019 LLR 584
KERALA HIGH COURT

 Provident Fund Act safeguards the future and financial security of workers.
2019 LLR 539
SUPREME COURT OF INDIA

 Supreme Court rejects EPFO plea against Kerala High Court verdict for higher pension.
2019 LLR 558
KERALA HIGH COURT

 Damages to be levied only after affording opportunity for hearing of employer.
2019 LLR 576
JHARKHAND HIGH COURT

 Banker being secured creditor must pay dues payable by the defaulting employer.
2019 LLR 575
DELHI HIGH COURT

 EPF dues recoverable from the date when the Act became applicable.
2019 LLR 572
PUNJAB AND HARYANA HIGH COURT

 For quantification of pension 12 months instead of 60 month pay would be relevant.
2019 LLR 558
KERALA HIGH COURT

 Cooperative societies covered under the Act only employing 50 or more employees.
2019 LLR 554
KERALA HIGH COURT

 Limitation Act is not applicable in filing of appeal in Tribunal.
2019 LLR 572
PUNJAB AND HARYANA HIGH COURT