IMPORTANT JUDGEMENTS for June 2017

IMPORTANT JUDGEMENTS

 Family members must vacate residential quarters after death of employee. and Family members are liable to pay market rent/damages if they don't vacate employer's accommodation.
2017 LLR 562
SUPREME COURT OF INDIA

 Probationary services can be terminated without assigning any reason.
2017 LLR 571
DELHI HIGH COURT

 Industrial Tribunal is obliged to adjudicate a dispute as referred.
2017 LLR 579
DELHI HIGH COURT

 Compensation, not reinstatement, is appropriate for a 55 year old workman.
2017 LLR 581
DELHI HIGH COURT

 Show-cause notice is imperative for forfeiture of gratuity.
2017 LLR 584
BOMBAY HIGH COURT

 High pension proposed by employee permissible provided the employer agrees to pay administrative charges.
2017 LLR 588
MADHYA PRADESH HIGH COURT

 Financial crunch not sufficient reason to waive damages for delayed deposit of EPF dues. and Levy of damages for delayed remittance depends upon relevant reasons.
2017 LLR 591
KARNATAKA HIGH COURT

 Court can grant interim relief when prejudice is to be caused by a party
2017 LLR 593
CALCUTTA HIGH COURT

 RPFC must pass speaking order.
2017 LLR 595
BOMBAY HIGH COURT

 Proper opportunity must be given by RPFC for coverage of an establishment. and EPF Act not to apply on establishment with less than 20 employees.
2017 LLR 596
ORISSA HIGH COURT

 Part time lecturer is to be covered as 'employee' under the PF Act.
2017 LLR 599
HYDERABAD HIGH COURT

 Appeal in EPF Tribunal cannot be filed beyond 120 days. and An appeal before Tribunal is not tenable when filed beyond 120 days. and Limitation Act not applicable for filing appeal in Tribunal.
2017 LLR 605
PATNA HIGH COURT

 Limitation Act not applicable to Provident Fund Act as its being a welfare legislation. and EPF Appellate Tribunal is not a Court but discharges functions of Court.
2017 LLR 608
PUNJAB AND HARYANA HIGH COURT

 Employer is liable to pay EPF dues if contractor fails to make Payment and Damages and interest to be levied on delayed deposit of EPF contribution.
2017 LLR 616
PUNJAB AND HARYANA HIGH COURT

 Building and Other Construction Workers (RECS) Act as well as ESI will be applicable for construction workers. and Writ petition is not tenable when remedy of appeal is prescribed. and Writ court is not to decide factual aspects.
2017 LLR 617
CALCUTTA HIGH COURT

 Temporary misappropriation amounts to serious misconduct. and No leniency when employee is guilty of misappropriation/corruption. and Embezzlement of even petty amount can't be ignored.
2017 LLR 625
PATNA HIGH COURT

 Forfeiture of gratuity only when termination is for prescribed misconduct.
2017 LLR 633
RAJASTHAN HIGH COURT

 Reduction of punishment not justified when enquiry is fair and proper.
2017 LLR 637
RAJASTHAN HIGH COURT

 Only error of law and not facts can be corrected by High Court. and Any evidence prepared after issue of charge sheet is not permissible. and Industrial Tribunal and not High Court is to give finding of facts.
2017 LLR 641
MADHYA PRADESH HIGH COURT

 Employee has to prove 240 days working during preceding 12 months. and Employer has to establish about abandonment of job by an employee. and Abandonment of job depends upon intention of employee.
2017 LLR 647
HIMACHAL PRADESH HIGH COURT

 Termination of fixed term employee is not retrenchment. and Non applicability of Limitation Act does not mean that dispute can be raised at any time. and Employer to prove that workman was appointed for fixed period.
2017 LLR 655
UTTARAKHAND HIGH COURT

 Tribunal can interfere in punishment if it is disproportionate to misconduct. and Major penalty is appropriate for fraud, misappropriation and dishonesty. and Functional integrality is essential for clubbing of establishments for coverage under ESI Act.
2017 LLR 661
HYDERABAD HIGH COURT

 Reviewing authority must not pass an order without reasons. and A registered letter received by family member of the addressee would be deemed to have been delivered.
2017 LLR 663
ORISSA HIGH COURT

 Dismissal is not disproportionate for habitual and unauthorised absence. and Frequent and long unauthorised absence amounts to serious misconduct.
2017 LLR 666
KARNATAKA HIGH COURT