IMPORTANT JUDGEMENTS for July 2019

IMPORTANT JUDGEMENTS

 Reinstatement not appropriate when employer offered duty to workman in written statement.
2019 LLR 758
DELHI HIGH COURT

 RPFC cannot challenge his own order in the Tribunal.
2019 LLR 811
KARNATAKA HIGH COURT

 Instalment for assessed damages can be allowed to an employer facing financial crisis.
2019 LLR 799
MADRAS HIGH COURT

 Employees entitled to enhanced pension on actual salary received by EPFO.
2019 LLR 799
MADRAS HIGH COURT

 Writ petition untenable against an order under section 7-A of the Act.
2019 LLR 801
MADRAS HIGH COURT

 Compensation in lieu of reinstatement appropriate after 19 years of litigation.
2019 LLR 709
SUPREME COURT OF INDIA

 Striking workers will not prevent ingress and egress of willing workmen and material and to remain 200 meters away from factory.
2019 LLR 716
MADRAS HIGH COURT

 High Court can quash criminal proceedings only if there is miscarriage of justice.
2019 LLR 713
PUNJAB AND HARYANA HIGH COURT

 Workman entitled to reinstatement with back wages when his resignation was obtained forcefully.
2019 LLR 711
DELHI HIGH COURT

 Employees of contractor will not be treated as employees of Bank.
2019 LLR 718
CALCUTTA HIGH COURT

 Bonus Act not applicable on education institutions not with profits motive.
2019 LLR 727
MADRAS HIGH COURT

 Bonus Act applicable upon a factory even run by a trust.
2019 LLR 738
MADRAS HIGH COURT

 Compensation not payable when accident took place outside factory during lunch hours.
2019 LLR 724
MADRAS HIGH COURT

 Adverse presumptions drawn if employer fails to produce attendance and salary registers to controvert 240 working days by a workman.
2019 LLR 743
SUPREME COURT OF INDIA

 Industrial Tribunal cannot interfere in the enquiry by Internal Complaint Committee under POSH Act.
2019 LLR 769
MADRAS HIGH COURT

 Death due to heart attack to be treated as accident for compensation when there was no ailment.
2019 LLR 745
CHHATTISGARH HIGH COURT

 Once the principal employer signs the list of employees of contractors, he cannot say beneficiaries were not identified.
2019 LLR 812
DELHI HIGH COURT

 No appeal tenable against levy of interest for the late payment.
2019 LLR 802
MADRAS HIGH COURT

 An order passed by violating principles of natural justice is liable to be quashed.
2019 LLR 802
MADRAS HIGH COURT

 Writ against order under section 7A untenable when employer failed to file an appeal before Tribunal.
2019 LLR 805
MADRAS HIGH COURT

 RPFChas no delegated power to challenge his own order in the Tribunal.
2019 LLR 786
PATNA HIGH COURT

 An employee entitled for pension from the date of option.
2019 LLR 781
MADHYA PRADESH HIGH COURT

 EPF Authority has to settle the accounts of the member of the EPF Scheme at earliest possible.
2019 LLR 785
MADHYA PRADESH HIGH COURT

 Mere non-mentioning of provision of law in review petition would not be fatal.
2019 LLR 795
UTTARAKHAND HIGH COURT

 Once default takes place on the part of employer, EPF Authority can initiate proceedings.
2019 LLR 812
DELHI HIGH COURT

 Levy of interest sans opportunity for hearing unsustainable.
2019 LLR 802
MADRAS HIGH COURT

 High Court can also waive or reduce the pre-deposit necessary for admission of appeal before Tribunal.
2019 LLR 810
KARNATAKA HIGH COURT

 Employer can escape liability for contribution of employees of contractor only when proper record is maintained.
2019 LLR 812
DELHI HIGH COURT

 Levy of damages and interest not to be set aside when employer has deposited without taking any objection in initial enquiry.
2019 LLR 812
DELHI HIGH COURT

 Challenging of award after 4½ years not tenable in absence of any reason for delay.
2019 LLR 715
PUNJAB AND HARYANA HIGH COURT

 Police has to provide protection to employer to ensure ingress and regress of man and material by strikers.
2019 LLR 716
MADRAS HIGH COURT

 Bank employees will be entitled to minimum wages fixed by State and not Central government.
2019 LLR 718
CALCUTTA HIGH COURT

 Contractor employees to be counted for coverage of an establishment under ESI Act.
2019 LLR 719
CHHATTISGARH HIGH COURT

 Employer is bound to act upon the recommendations of Internal Complaint Committee under POSH Act.
2019 LLR 769
MADRAS HIGH COURT

 Ex-parte award to be set aside only when sufficient cause is shown for non-appearance.
2019 LLR 764
PUNJAB AND HARYANA HIGH COURT

 Canteen facility not mandatory when there are less than 250 workers in a factory.
2019 LLR 724
MADRAS HIGH COURT

 Workman to prove to have worked for 240 days in 12 months.
2019 LLR 743
SUPREME COURT OF INDIA

 Misappropriation by a bus conductor justifies his dismissal from service.
2019 LLR 765
KARNATAKA HIGH COURT

 Status of a '˜protected workman' can be denied when he is facing enquiry or a criminal trial.
2019 LLR 767
KARNATAKA HIGH COURT

 An enquiry under POSH Act has to be as per mechanism evolved by Supreme Court.
2019 LLR 769
MADRAS HIGH COURT

 Reinstatement appropriate when enquiry against workman is vitiated.
2019 LLR 743
SUPREME COURT OF INDIA

 Employer can produce evidence in Labour Court when enquiry is vitiated.
2019 LLR 765
KARNATAKA HIGH COURT

 An order by RPFC based on report of Enforcement Officer is liable to be set aside.
2019 LLR 787
PATNA HIGH COURT

 Employee can avail higher pension even after receiving the EPF on depositing back with interest.
2019 LLR 799
MADRAS HIGH COURT

 No fault of an employee applying for pension which was not processed by the Department.
2019 LLR 781
MADHYA PRADESH HIGH COURT

 An order passed by EPF authorities without identification of beneficiaries not sustainable.
2019 LLR 791
PATNA HIGH COURT

 Delay in releasing the EPF dues would attract interest and penal interest.
2019 LLR 785
MADHYA PRADESH HIGH COURT

 Attachment of bank account to remain suspended when employer participated in proceedings held ex-parte under section 7-A.
2019 LLR 796
ALLAHABAD HIGH COURT

 Failure to pay EPF contribution of employees of contractor untenable if such objections not taken initially by principal employer.
2019 LLR 812
DELHI HIGH COURT

 Writ petition tenable against order of EPF authorities when Tribunal is not functioning.
2019 LLR 810
KARNATAKA HIGH COURT