IMPORTANT JUDGEMENTS for May 2020

IMPORTANT JUDGEMENTS

 Glorified designation and high salary will not exclude a senior manager to be a 'workman' under Industrial Disputes Act.
2020 LLR 527
KARNATAKA HIGH COURT

 Claim for job security is tenable only when workman has worked for 240 days.
2020 LLR 534
RAJASTHAN HIGH COURT

 Termination without retrenchment compensation will be illegal resulting in reinstatement.
2020 LLR 535
RAJASTHAN HIGH COURT

 Central not State will be appropriate government under Minimum Wages Act.
2020 LLR 532
MADHYA PRADESH HIGH COURT

 A director cannot escape penalty for violation of the Minimum Wages Act.
2020 LLR 532
MADHYA PRADESH HIGH COURT

 Any agreement cannot deprive the right of a woman to maternity leave.
2020 LLR 475
DELHI HIGH COURT

 No relief can be granted if workman fails to prove the employer-employee relationship.
2020 LLR 495
PATNA HIGH COURT

 Except for teachers a school employee in Delhi can challenge his termination under the ID Act.
2020 LLR 486
DELHI HIGH COURT

 Dismissal of a workman for minor misconduct not justified.
2020 LLR 522
MADHYA PRADESH HIGH COURT

 Maternity Benefits Act safeguards employment of women for the pre and post-natal period.
2020 LLR 475
DELHI HIGH COURT

 Supplier of electricity through a generator of a bank will not be an employee of the bank.
2020 LLR 515
ALLAHABAD HIGH COURT

 Reinstatement with back wages proper when an employer fails to prove gainful employment of workman.
2020 LLR 488
DELHI HIGH COURT

 An enquiry will be fair and proper held on compliance of natural justice.
2020 LLR 507
CALCUTTA HIGH COURT

 Hearsay evidence is an admissible in the departmental enquiry.
2020 LLR 518
MADRAS HIGH COURT

 Nature of work of an employee determines whether he is a workman or not.
2020 LLR 527
KARNATAKA HIGH COURT

 A transfer is not covered under section 2-A of the Act.
2020 LLR 538
PUNJAB AND HARYANA HIGH COURT

 An ex-parte award can be set aside within 30 days of its publication.
2020 LLR 544
ALLAHABAD HIGH COURT

 Resignation if obtained under coercion will amount to illegal termination.
2020 LLR 527
KARNATAKA HIGH COURT

 Punishment of discharge not to be treated equivalent to 'dismissal'.
2020 LLR 549
SUPREME COURT OF INDIA

 No order can be passed on the basis of photostat copies without original documents.
2020 LLR 553
PUNJAB AND HARYANA HIGH COURT

 Homeworkers are 'employees' under section 2(f) of the Act when they are paid wages directly or indirectly.
2020 LLR 560
MADRAS HIGH COURT

 Tribunal's judgment, based on the judgment of the High Court, will be set aside if the HC judgment is set aside.
2020 LLR 559
DELHI HIGH COURT

 No coercive steps are to be taken for recovery of EPF dues if instalments are paid continuously.
2020 LLR 572
KERALA HIGH COURT

 No coercive steps are to be taken for recovery of EPF dues if instalments are paid continuously.
2020 LLR 568
MADRAS HIGH COURT

 Arrest of defaulter of EPF dues only when on sale of properties of establishment shortfalls.
2020 LLR 573
KERALA HIGH COURT

 An order passed by EPF Authority under section 7-A of Act is appealable before Tribunal, not in Civil Court.
2020 LLR 560
MADRAS HIGH COURT

 Coverage under EPF Act by clubbing two establishments without reasons not tenable.
2020 LLR 567
MADRAS HIGH COURT

 Dismissal set aside since the absenteeism was beyond the control of the employee.
2020 LLR 488
DELHI HIGH COURT

 An appeal against an award of reinstatement is not tenable without depositing last drawn wages.
2020 LLR 535
RAJASTHAN HIGH COURT

 Gratuity to be forfeited only when termination under section 4(6) of the Act.
2020 LLR 525
KARNATAKA HIGH COURT

 Lump-sum compensation is to be paid if the dismissal is quashed after superannuation.
2020 LLR 480
DELHI HIGH COURT

 Director of a company liable if the contractor fails to maintain record under Minimum Wages Act.
2020 LLR 532
MADHYA PRADESH HIGH COURT

 Dismissal justified for obtaining a job on false documents.
2020 LLR 507
CALCUTTA HIGH COURT

 Back wages on reinstatement payable only when workman states that he remained unemployed.
2020 LLR 480
DELHI HIGH COURT

 Accident compensation can be more when the disability is higher than certified by the Medical Board.
2020 LLR 512
HIMACHAL PRADESH HIGH COURT

 A contractual employee will also be entitled to maternity benefit.
2020 LLR 475
DELHI HIGH COURT

 Settlement under sections 12(3) and 18(3) of the ID Act will be binding on all workers.
2020 LLR 498
ANDHRA PRADESH HIGH COURT

 Enquiry to be vitiated when delinquent was not allowed to cross-examine the witnesses.
2020 LLR 518
MADRAS HIGH COURT

 Under ESI even persons working outside the factory with connected works will be covered.
2020 LLR 542
GUJARAT HIGH COURT

 Punishment of 'discharge' is justified for gross negligence.
2020 LLR 549
SUPREME COURT OF INDIA

 Challenging transfer of a workman without union's spousal will not be tenable.
2020 LLR 538
PUNJAB AND HARYANA HIGH COURT

 When documentary evidence has not been considered, the award is liable to be set aside.
2020 LLR 556
DELHI HIGH COURT

 A fact not pleaded at the initial stage, would not be admissible at a later stage.
2020 LLR 549
SUPREME COURT OF INDIA

 Remittance of EPF dues in instalments maybe allowed considering financial crisis.
2020 LLR 572
KERALA HIGH COURT

 EPF dues shall be first priority against the properties of the establishment.
2020 LLR 573
KERALA HIGH COURT

 Finding in a judicial order, without reasoning thereto is liable to be quashed.
2020 LLR 567
MADRAS HIGH COURT

 Starting the same business by a family member of the deceased will be liable for EPF dues.
2020 LLR 574
KERALA HIGH COURT