IMPORTANT JUDGEMENTS for June 2018

IMPORTANT JUDGEMENTS

 Termination at end of probation is not punitive.
2018 LLR 579
SUPREME COURT OF INDIA

 Summons for appearance in court only valid when served on the named person.
2018 LLR 586
ALLAHABAD HIGH COURT

 Dismissal justified for sexual harassment and assault on a lady officer.
2018 LLR 595
PATNA HIGH COURT

 Evidence Act is not applicable to the claim under Employees' Compensation Act.
2018 LLR 598
GAUHATI HIGH COURT

 Employees on contract basis are also entitled to maternity leave.
2018 LLR 601
KERALA HIGH COURT

 Death by drowning of Field Officer will be '˜accident' for compensation though away from main office but within the premises.
2018 LLR 604
KERALA HIGH COURT

 Dismissal from service of an employee also causes financial death to family.
2018 LLR 607
KARNATAKA HIGH COURT

 Employer can lead evidence in Labour Court when enquiry as held is vitiated.
2018 LLR 607
KARNATAKA HIGH COURT

 Contractor's employee controlled by principal employer, doing regular jobs to be regularised.
2018 LLR 612
SUPREME COURT OF INDIA

 Canteen employees employed by Society but controlled by Port Trust will be latter's employees.
2018 LLR 612
SUPREME COURT OF INDIA

 Irregularities in sanction of the loan by bank employee would justify dismissal.
2018 LLR 616
DELHI HIGH COURT

 Industrial dispute untenable when raised after abnormal delay.
2018 LLR 618
DELHI HIGH COURT

 Employees covered under EPF & ESI by the contractor will not be employees of principal employer.
2018 LLR 618
DELHI HIGH COURT

 Termination of fixed-term employee, not retrenchment.
2018 LLR 622
HIMACHAL PRADESH HIGH COURT

 Industrial dispute untenable when raised after abnormal delay.
2018 LLR 622
HIMACHAL PRADESH HIGH COURT

 No disciplinary action called for on termination of a contractual employee.
2018 LLR 622
HIMACHAL PRADESH HIGH COURT

 Compensation instead of reinstatement appropriate when not paid retrenchment compensation.
2018 LLR 623
HIMACHAL PRADESH HIGH COURT

 No stipulation in Payment of Wages Act to deposit worker's money in a particular bank.
2018 LLR 625
KERALA HIGH COURT

 Failure to report for duty can be construed as abandonment of job.
2018 LLR 628
DELHI HIGH COURT

 Abandonment is to be presumed on Inspector's report stating workman himself is absenting.
2018 LLR 628
DELHI HIGH COURT

 Regularisation can't be denied to a workman when three others were regularised.
2018 LLR 637
MADRAS HIGH COURT

 Last drawn wages not payable to a reinstated workman when offered to be employed.
2018 LLR 637
MADRAS HIGH COURT

 Last drawn wages during pendency in the higher court to be at current rate of minimum wages.
2018 LLR 637
MADRAS HIGH COURT

 Order of Tribunal supported with reasons not to be interfered by High Court.
2018 LLR 643
DELHI HIGH COURT

 High Court not to entertain a writ petition against a notice by EPF authority.
2018 LLR 646
DELHI HIGH COURT

 Pre-deposit not necessary on filing of appeal challenging damages.
2018 LLR 648
DELHI HIGH COURT

 An order of damages and interest is appealable before Tribunal.
2018 LLR 648
DELHI HIGH COURT

 Direction to pay bonus sans formula prescribed by Bonus Act is set aside.
2018 LLR 650
CALCUTTA HIGH COURT

 Writ petition maintainable for staying of recovery when Tribunal is not functioning.
2018 LLR 650
CALCUTTA HIGH COURT

 Failure to challenge the number of employees in report of Enforcement Officer can't be questioned later on.
2018 LLR 650
CALCUTTA HIGH COURT

 An employer has special knowledge of number of employees.
2018 LLR 650
CALCUTTA HIGH COURT

 Instalments for EPF dues can be allowed to an employer facing financial crises.
2018 LLR 657
KERALA HIGH COURT

 Writ petition maintainable for staying of recovery when Tribunal is not functioning.
2018 LLR 658
KERALA HIGH COURT

 A pensioner can modify a nomination already made.
2018 LLR 659
MADRAS HIGH COURT

 Levy of damages for delayed payment not justified without enquiry.
2018 LLR 660
MADRAS HIGH COURT

 Having deposited the damages amount as levied, writ petition not tenable.
2018 LLR 662
MADRAS HIGH COURT

 An appeal against the interlocutory order is not maintainable.
2018 LLR 664
PATNA HIGH COURT

 Tribunal can impose conditions while granting stay of recovery.
2018 LLR 669
KARNATAKA HIGH COURT

 Levy of damages must have supporting reasons of explanation.
2018 LLR 677
GUJARAT HIGH COURT

 Liability for EPF dues can't be warded off merely due to indebtedness.
2018 LLR 677
GUJARAT HIGH COURT

 High Court can entertain a writ against show cause notice when not issued by competent authority.
2018 LLR 683
MADRAS HIGH COURT

 EPF Authority not to demand contributions upon allowance till disposal of appeals in Supreme Court.
2018 LLR 683
MADRAS HIGH COURT

 Opportunity must be given to employer before coverage of an establishment.
2018 LLR 686
ALLAHABAD HIGH COURT

 Failure to appear before EPF authority despite many opportunities, employer can be allowed to defend on payment of cost.
2018 LLR 688
PUNJAB AND HARYANA HIGH COURT

 Writ against EPF authority tenable only in absence of opportunity to the employer.
2018 LLR 690
Orissa HIGH COURT

 Appeal filed after 60+60 days is barred by limitation.
2018 LLR 690
Orissa HIGH COURT

 No appeal lies before Tribunal against levy of interest.
2018 LLR 695
KERALA HIGH COURT