IMPORTANT JUDGEMENTS for August 2015

IMPORTANT JUDGEMENTS

 Reinstatement with back-wages justified on termination without retrenchment compensation.
2015 LLR 785
SUPREME COURT OF INDIA

 Back-wages on reinstatement depends upon length of service, financial position of employer & unemployment of workman.
2015 LLR 785
SUPREME COURT OF INDIA

 Non-production of muster rolls by employer would justify adverse inference.
2015 LLR 785
SUPREME COURT OF INDIA

 Termination for failure to achieve targets, without enquiry, not valid.
2015 LLR 790
SUPREME COURT OF INDIA

 Full wages payable for suspension period in absence of any in Service Rules or Standing Orders.
2015 LLR 795
DELHI HIGH COURT

 Purpose of suspension is mainly to facilitate holding of enquiry.
2015 LLR 795
DELHI HIGH COURT

 Award to be quashed when reference was made by the State, not the Central government.
2015 LLR 798
DELHI HIGH COURT

 Lack of integrity of bank employee would justify dismissal from service.
2015 LLR 800
DELHI HIGH COURT

 Withdrawal of money from customer accounts by bank employee will be grave misconduct to justify dismissal.
2015 LLR 800
DELHI HIGH COURT

 Termination for non-renewal of contract of service not ''retrenchment''.
2015 LLR 805
DELHI HIGH COURT

 Transferee to be held liable for EPF dues payable by transferor.
2015 LLR 813
BOMBAY HIGH COURT

 Last drawn wages during pendency of proceeding in higher court will be from filing of petition by employer.
2015 LLR 819
KERALA HIGH COURT

 Transferee of an establishment would be held liable for payment of EPF dues payable by transferor.
2015 LLR 824
KERALA HIGH COURT

 240 days service in the 5th year will be treated 5 years for gratuity. 
2015 LLR 826
KERALA HIGH COURT

 Non-supply of enquiry report of Enforcement Officer to the employer justifies quashing the order of EPF Authority.
2015 LLR 828
JHARKHAND HIGH COURT

 An order, without providing opportunity for hearing, will be set aside.
2015 LLR 828
JHARKHAND HIGH COURT

 Prosecution under Contract Labour (R&A) Act must be against only guilty official.
2015 LLR 831
JHARKHAND HIGH COURT

 Delay in raising an industrial dispute not fatal for making reference.
2015 LLR 833
HIMACHAL PRADESH HIGH COURT

 Retrenchment in violation of section 25-G of Industrial Disputes Act would be illegal.
2015 LLR 833
HIMACHAL PRADESH HIGH COURT

 Government can refer an industrial dispute at any time. 
2015 LLR 833
HIMACHAL PRADESH HIGH COURT

 An order by EPF Authority skipping material facts is to be reconsidered.
2015 LLR 836
PUNJAB AND HARYANA HIGH COURT

 Coverage of an establishment under Provident Fund Act not to be set aside if employing 21 employees.
2015 LLR 837
PUNJAB AND HARYANA HIGH COURT

 Minimum wages prevailing at the time of accident are to be basis for compensation.
2015 LLR 838
RAJASTHAN HIGH COURT

 Delayed deposit of EPF contributions in the absence of any loss suffered would justify levy of damages. 
2015 LLR 839
RAJASTHAN HIGH COURT

 Compensation for industrial accident of member of ESI would not lie under Employees'' Compensation Act.
2015 LLR 842
MADRAS HIGH COURT

 A trainee under Apprentices Act cannot raise industrial dispute.
2015 LLR 846
GUJARAT HIGH COURT

 Declining to entertain petition after 13 years for cancellation of exemption under Provident Fund Act is appropriate.
2015 LLR 848
CALCUTTA HIGH COURT

 Merely control is not sufficient to determine a relationship of employer.
2015 LLR 850
BOMBAY HIGH COURT

 Damages for delayed EPF contributions depends upon factors like frequency of defaults and amount involved, etc. 
2015 LLR 853
BOMBAY HIGH COURT

 Delay in initiating proceedings by Provident Fund Authorities for assessing damages would not be improper.
2015 LLR 853
BOMBAY HIGH COURT

 Prosecution under Contract Labour (R&A) Act to be quashed when the accused made ''principal to principal'' agreement.
2015 LLR 857
BOMBAY HIGH COURT

 Agreement for ground handling of foreign airlines by Air India and AAI on ''principal to principal'' basis will not attract Contractor Labour (R&A) Act.
2015 LLR 857
BOMBAY HIGH COURT

 Cess under BO&CW Act is to be calculated and paid on entire construction work.
2015 LLR 860
KERALA HIGH COURT

 Mere common ownership would not justify to club establishments for coverage under Provident Fund Act.
2015 LLR 862
KERALA HIGH COURT

 In absence of financial integrality, clubbing of two concerns under the EPF Act not valid.
2015 LLR 862
KERALA HIGH COURT

 Gratuity can be forfeited only on termination for reasons given under section 4(6) of the Act.
2015 LLR 866
ALLAHABAD HIGH COURT

 Relief of back-wages on reinstated workman only from raising of industrial dispute.
2015 LLR 869
HIMACHAL PRADESH HIGH COURT

 Denial of opportunity for re-employment of retrenched employee would nullify retrenchment. 
2015 LLR 869
HIMACHAL PRADESH HIGH COURT

 Appropriate government cannot consider merits of an industrial dispute.
2015 LLR 872
JHARKHAND HIGH COURT

 Prosecution of Director, not having control over Company affairs, not sustainable.
2015 LLR 875
KERALA HIGH COURT

 Notice under section 9-A of Industrial Disputes Act imperative on reduction of salary.
2015 LLR 880
BOMBAY HIGH COURT

 Change of service as outcome of settlement, will not require notice under section 9-A of Industrial Disputes Act.
2015 LLR 880
BOMBAY HIGH COURT

 Unless substantial breach of conditions of policy is proved, insurer cannot escape from paying compensation.
2015 LLR 882
BOMBAY HIGH COURT

 Workman has to prove 240 days working in preceding 12 months. 
2015 LLR 884
PUNJAB AND HARYANA HIGH COURT

 All employees except apprentices under Apprenticeship Act will be covered by the Provident Fund Act.
2015 LLR 893
MADRAS HIGH COURT