IMPORTANT JUDGEMENTS for August 2016

IMPORTANT JUDGEMENTS

 Labour Court is vested with powers to interfere with the punishment after holding of enquiry. and Workman must plead and prove unemployment to claim back-wages.
2016 LLR 883
BOMBAY HIGH COURT

 Reinstated workman to get full-wages when gainful employment is not proved.
2016 LLR 869
KARNATAKA HIGH COURT

 Labour laws not applicable upon Apartments Owners' Society and Apartment Owners' Association is not covered under Contract Labour (R&A) Act.
2016 LLR 864
KARNATAKA HIGH COURT

 Default for delayed deposit of EPF contribution can be justified only when there is power cut or financial problem, etc. and No limitation prescribed for claiming damages for delayed payment of EPF contributions. And Action by EPF Authority after long delay can be defended by employer for non-availability of records.
2016 LLR 855
PUNJAB AND HARYANA HIGH COURT

 EPF Tribunal can reduce damages under mitigating circumstances. And Plea not taken before EPFAT, in appeal, cannot be taken before Writ Court.
2016 LLR 852
PUNJAB AND HARYANA HIGH COURT

 An employee appointed as clerk can't be treated as supervisor. And Adherence of 'last come, first go' principle imperative for retrenchment. and Section 25F of ID Act violated when there is shortfall of legal dues.
2016 LLR 848
RAJASTHAN HIGH COURT

 Dismissal justified for habitual absence by an employee.
2016 LLR 844
RAJASTHAN HIGH COURT

 Fixation of liability for contributions upon an institution prior to its coverage under Act is not tenable. And Appeal and not Writ Petition can be filed against order of EPF Authority.
2016 LLR 840
ORISSA HIGH COURT

 Interest, besides damages, is payable on late deposit of EPF contributions. And Late deposit of EPF contributions justifies levy of damages.
2016 LLR 836
ORISSA HIGH COURT

 Appeal before EPF Tribunal is to be within 60 days from receipt of order. And Adverse interference by EPF Authority appropriate when employer fails to submit documents. And EPF Tribunal can extend time upto 60 days for filing appeal. and Writ petition untenable if appropriate remedy of appeal is available before EPF Appellate Tribunal. And Party seeking relief from the Court must come with clean hands.
2016 LLR 832
ORISSA HIGH COURT

 Enquiry should be conducted in the language understood by delinquent employee.
2016 LLR 829
ORISSA HIGH COURT

 Non-considering of material facts will quash the order of Authority. And One person cannot be a judge and prosecutor under Provident Fund Act.
2016 LLR 827
KERALA HIGH COURT

 On transfer of establishment, transferor and transferee are liable for arrears. And Opportunity must be given by PF Authority before passing an order.
2016 LLR 825
KERALA HIGH COURT

 Damages under EPF&MP Act can be recovered from transferee also.
2016 LLR 824
KERALA HIGH COURT

 Company Directors can't be personally liable for default of ESI contributions. and Principal employer is liable for ESI contributions of contractor's employees.
2016 LLR 820
KERALA HIGH COURT

 Acquittal in criminal trial has no bearing on disciplinary proceedings. and An employee causing financial irregularities deserves dismissal.
2016 LLR 816
JHARKHAND HIGH COURT

 While modifying punishment, Court must give supporting reasons. And Reinstatement justified when punishment of dismissal is disproportionate
2016 LLR 811
GUJARAT HIGH COURT

 Widow of deceased entitled to accident compensation even after re-marriage. And Notice of accident is to be issued to Compensation Commissioner.
2016 LLR 805
HIMACHAL PRADESH HIGH COURT

 Proceedings before the Tribunal would continue till Award becomes enforceable.
2016 LLR 802
HIMACHAL PRADESH HIGH COURT

 An enquiry will be fair if held by complying principles of natural justice. and Dismissal justified when employee remained absent for three years. And Sympathy towards an employee absenting for three years is misplaced.
2016 LLR 797
CALCUTTA HIGH COURT

 Embezzler deserves sacking, not mercy. and No sympathy towards an employee guilty of breach of trust.
2016 LLR 794
ALLAHABAD HIGH COURT

 Compensation is appropriate when establishment is closed.
2016 LLR 785
SUPREME COURT OF INDIA

 Report of Internal Committee will be deemed as enquiry report for disciplinary action under Sexual Harassment Act.
2016 LLR 785
DELHI HIGH COURT