IMPORTANT JUDGEMENTS for June 2019

IMPORTANT JUDGEMENTS

 Minimum wages can be segregated in allowances.
2019 LLR 591
SUPREME COURT OF INDIA

 A housing society is not covered under Industrial Disputes Act.
2019 LLR 601
BOMBAY HIGH COURT

 If prescribed hours of work are reduced to 7-1/2 hours a day, no claim for overtime payment is permissible for working upto 8 hours.
2019 LLR 621
MADRAS HIGH COURT

 Habitual absence and disobedience will justify dismissal from service.
2019 LLR 616
PUNJAB AND HARYANA HIGH COURT

 Abandonment to be proved by attendance records and efforts by employer for calling workman to resume duty.
2019 LLR 616
PUNJAB AND HARYANA HIGH COURT

 Abandonment to be proved by attendance records and efforts by employer for calling workman to resume duty.
2019 LLR 617
PUNJAB AND HARYANA HIGH COURT

 Automatic promotion of an unskilled to semi skilled worker is to be rejected.
2019 LLR 591
SUPREME COURT OF INDIA

 A complaint for changing department is not to be treated as a complaint of sexual harassment.
2019 LLR 615
KARNATAKA HIGH COURT

 Minimum bonus is payable even on losses after 6 years.
2019 LLR 622
JAMMU and KASHMIR HIGH COURT

 An order passed without considering the documents, is not sustainable.
2019 LLR 607
CHHATTISGARH HIGH COURT

 Non-supply of copy of complaint of sexual harassment not fatal if the accused has admitted guilt.
2019 LLR 609
KARNATAKA HIGH COURT

 Trainees cannot be included in fixation of minimum wages.
2019 LLR 591
SUPREME COURT OF INDIA

 Adverse inference can be drawn when employer fails to produce the record of attendance and wages.
2019 LLR 617
PUNJAB AND HARYANA HIGH COURT

 Non-supply of complaint and opportunity for filing response by ICC under POSH Act would dehors the proceedings.
2019 LLR 609
KARNATAKA HIGH COURT

 Moral turpitude for forfeiture of gratuity will depend upon outcome of criminal proceeding.
2019 LLR 598
DELHI HIGH COURT

 Bonus Act applies upon establishment engaged in plying commercial vehicles.
2019 LLR 622
JAMMU and KASHMIR HIGH COURT

 Non-payment of retrenchment compensation at termination justifies reinstatement with full back wages.
2019 LLR 617
PUNJAB AND HARYANA HIGH COURT

 Pendency of dispute can't be construed for recovery proceeding under section 33C(2) of the ID Act.
2019 LLR 605
PATNA HIGH COURT

 An order of ICC under POSH Act cannot be interferred when there is no infirmity.
2019 LLR 613
KARNATAKA HIGH COURT

 Gratuity may be forfeited on termination only to the extent of damage caused by those irregularities.
2019 LLR 598
DELHI HIGH COURT

 Findings of Labour Court in an Award if contrary to facts need fresh consideration.
2019 LLR 604
PUNJAB AND HARYANA HIGH COURT

 An action cannot be invalidated merely on technical infringement of principles of natural justice.
2019 LLR 609
KARNATAKA HIGH COURT

 Initial burden to prove service for 240 days is upon the workman.
2019 LLR 617
PUNJAB AND HARYANA HIGH COURT

 When the claim of overtime is a disputed it falls under section 33-C(2) of the Act.
2019 LLR 621
MADRAS HIGH COURT

 An order passed by EPF Authority without identification of beneficiaries, is not sustainable.
2019 LLR 655
BOMBAY HIGH COURT

 No pre-deposit on appeal is necessary on challenging levy of damages for delayed deposit.
2019 LLR 688
KARNATAKA HIGH COURT

 Signing a list of 20 employees and filling coverage pro-forma for provident fund cannot be wriggled out by the Principal of school
2019 LLR 676
PATNA HIGH COURT

 Non-consideration of mens rea on levy of damages for delayed payment not proper.
2019 LLR 670
MADRAS HIGH COURT

 Non-consideration of mens rea on levy of damages for delayed payment not proper.
2019 LLR 671
MADRAS HIGH COURT

 An establishment once covered under the Act remain so even when the number of employees is reduced.
2019 LLR 674
PATNA HIGH COURT

 An establishment once covered under the Act remain so even when the number of employees is reduced.
2019 LLR 685
MADRAS HIGH COURT

 Authority under section 7A is vested with the power of Civil Court.
2019 LLR 657
GUJARAT HIGH COURT

 Partners responsible for conducting business may face criminal prosecution for non-filing of mandatory returns.
2019 LLR 678
PUNJAB AND HARYANA HIGH COURT

 Cancellation of exempted trust can't be complained when no employee remains.
2019 LLR 656
CALCUTTA HIGH COURT

 Apprentices not under Apprentices Act are to be covered under the Act.
2019 LLR 683
MADRAS HIGH COURT

 Appeal in Tribunal to be filed within 60 days from date / knowledge of order.
2019 LLR 667
MADRAS HIGH COURT

 An order by EPF authority without supplying copy of report to employer is untenable.
2019 LLR 666
MADRAS HIGH COURT

 Condonation beyond prescribed period of limitation can be allowed by the High Court.
2019 LLR 651
BOMBAY HIGH COURT

 Pre-deposit of 75% of amount on appeal can be permitted by installments.
2019 LLR 660
KERALA HIGH COURT

 Employees' working at home are also to be covered under the Act.
2019 LLR 704
ALLAHABAD HIGH COURT

 12% interest payable on delay to pay pension.
2019 LLR 698
MADRAS HIGH COURT

 Condition for total pre-deposit for admission on appeal can't be waived.
2019 LLR 702
RAJASTHAN HIGH COURT

 Determination of dues will be made on the materials available on record.
2019 LLR 674
PATNA HIGH COURT

 Determination of dues will be made on the materials available on record.
2019 LLR 685
MADRAS HIGH COURT

 Any order by judicial authority without giving reasons, is not sustainable.
2019 LLR 654
BOMBAY HIGH COURT

 For identification of beneficiaries, the EPF Authority has to summon the employees.
2019 LLR 655
BOMBAY HIGH COURT

 Show cause notice can't be challenged in writ petition.
2019 LLR 657
GUJARAT HIGH COURT

 Tribunal can't condone delay of filing appeal beyond 60 days.
2019 LLR 667
MADRAS HIGH COURT

 An order sans finding of mens rea not tenable.
2019 LLR 670
MADRAS HIGH COURT

 An order sans finding of mens rea not tenable.
2019 LLR 671
MADRAS HIGH COURT

 Allowing perusal of report by employer during enquiry proceedings is violative of natural justice.
2019 LLR 666
MADRAS HIGH COURT

 EPF Authority can summon the records of employer for identification of beneficiaries.
2019 LLR 655
BOMBAY HIGH COURT

 An ex-parte order justified on failure of employer despite repeated opportunities.
2019 LLR 676
PATNA HIGH COURT

 Failure to state father's name of employees can't be ignored for coverage.
2019 LLR 676
PATNA HIGH COURT

 Amendment in memo of appeal is permissible if it does not change nature of appeal.
2019 LLR 689
BOMBAY HIGH COURT

 Appeal, not Writ Petition is tenable to challenge order of EPF Authority.
2019 LLR 697
CALCUTTA HIGH COURT

 Appeal, not Writ Petition is tenable to challenge order of EPF Authority.
2019 LLR 692
JHARKHAND HIGH COURT