IMPORTANT JUDGEMENTS for August 2017

IMPORTANT JUDGEMENTS

 Interest will be payable for delay in payment of awarded amount.
2017 LLR 785
SUPREME COURT OF INDIA

 Contractor's workers will be entitled to same wages as regular employees.
2017 LLR 785
SUPREME COURT OF INDIA

 Deposit of renewal fee to justify holding of valid driving licence.
2017 LLR 787
DELHI HIGH COURT

 Employer-employee relationship proved when averment of employee is not rebutted. and Evidence Act not applicable to Employees Compensation Act.
2017 LLR 789
DELHI HIGH COURT

 Clean service record will mitigate punishment of bank employee for disproportionate assets.
2017 LLR 792
DELHI HIGH COURT

 Compensation for accident only when it occurred during employment. and Legal notice can't improve the deficiencies in FIR for claiming accident compensation.
2017 LLR 793
DELHI HIGH COURT

 Compensation is appropriate when employment was for short duration.
2017 LLR 796
BOMBAY HIGH COURT

 Government can't delve on merits of a dispute to refer for adjudication.
2017 LLR 798
BOMBAY HIGH COURT

 ESI Act applicable even when an establishment is covered by BO&CW Act.
2017 LLR 799
MADHYA PRADESH HIGH COURT

 Gratuity can't be withheld on non-vacating of employer's accommodation.
2017 LLR 803
MADHYA PRADESH HIGH COURT

 Excess working hours to be compensated by overtime.
2017 LLR 806
MADHYA PRADESH HIGH COURT

 Fixed term employee can't be reinstated.
2017 LLR 808
MADHYA PRADESH HIGH COURT

 Termination for unauthorised absence too harsh.
2017 LLR 811
GAUHATI HIGH COURT

 Daily allowance forms part of wages for calculating accident compensation. and Notice for accident compensation is mandatory.
2017 LLR 813
GAUHATI HIGH COURT

 Misrepresentation for obtaining job amounts to moral turpitude.
2017 LLR 816
ALLAHABAD HIGH COURT

  Notice is imperative for the termination of employment.
2017 LLR 827
HIMACHAL PRADESH HIGH COURT

 On approval application, adjudicator to confine about compliance of condition u/s of 33 of the ID Act.
2017 LLR 831
GUJARAT HIGH COURT

 Greed of dishonest bus conductor is to cost his job.
2017 LLR 840
KARNATAKA HIGH COURT

 Insured employees are entitled to medical benefits from ESIC.
2017 LLR 842
KARNATAKA HIGH COURT

 Dismissal justified when job obtained on forged education certificate.
2017 LLR 844
KARNATAKA HIGH COURT

 Settlement u/s 18(3)(b) of the ID Act will be binding on all employees.
2017 LLR 846
MADRAS HIGH COURT

 Union leader has no impunity from his transfer.
2017 LLR 849
MADRAS HIGH COURT

 Coverage of an establishment under ESI merely on inspector report not tenable.
2017 LLR 854
BOMBAY HIGH COURT

 Contractor's employees also to be covered under ESI.
2017 LLR 855
BOMBAY HIGH COURT

 Civil Courts should stay away from claim for gratuity
2017 LLR 861
MADRAS HIGH COURT

 Exercise of the option under Pension Scheme, would not foreclose the exercise of further option. and Proviso to clause of pension scheme permits an option to employer and employee from contribution beyond salary ceiling.
2017 LLR 866
SUPREME COURT OF INDIA

 Appeal beyond expiry of prescribed period would not debar when no notice was served upon the appellant.
2017 LLR 868
RAJASTHAN HIGH COURT

 Writ petition filed after 5 years challenging the order of Appellate Tribunal will not be dismissed when delay is justified.
2017 LLR 870
PATNA HIGH COURT

 Without supporting evidence of financial loss, levy of damages not to be reduced in appeal.
2017 LLR 871
DELHI HIGH COURT

 Frequency of number of defaults is relevant for reducing the damages for delayed deposit of contributions. and No limitation for initiating action for recovery of damages for delayed payment.
2017 LLR 875
BOMBAY HIGH COURT

 An apprentice under Apprentices Act not to be covered under the EPF Act. and EPF authority empowered to enforce attendance of any person. and The EPF & MP Act are not empowered to direct employer for compliance of Bonus, Apprentices or Minimum Wages Acts.and A trainee under standing orders not 'employee' to be covered under the Act. and While holding proceedings under section 7A the EPF authority is vested with the powers of the Civil Court. and Identification of beneficiaries is imperative for determination of liability of an employer. and Authority must determine actual concrete difference in payment of contribution.
2017 LLR 879
MADHYA PRADESH HIGH COURT