IMPORTANT JUDGEMENTS for August 2019

IMPORTANT JUDGEMENTS

 An ex-parte award can be set aside on sufficient cause for absence.
2019 LLR 827
SUPREME COURT OF INDIA

 An insured employee can claim accident compensation only under ESI Act.
2019 LLR 828
BOMBAY HIGH COURT

 Termination for unauthorised absence without enquiry is not legal.
2019 LLR 830
ALLAHABAD HIGH COURT

 Labour Court not to be functus officio even after expiry of 30 days from publication of award.
2019 LLR 833
ALLAHABAD HIGH COURT

 Hooliganism can't be allowed to disturb industrial peace in the name of peaceful demonstration.
2019 LLR 841
MADRAS HIGH COURT

 Right to demonstration by the workers is subject to reasonable restrictions.
2019 LLR 841
MADRAS HIGH COURT

 A person can be tried for offence under Factories Act and also Indian Penal Code.
2019 LLR 848
CHHATTISGARH HIGH COURT

 Transfer can be challenged labour authority only when supported by substantial number of company's workmen.
2019 LLR 856
HIMACHAL PRADESH HIGH COURT

 Dismissal justified for misappropriation of fund by an employee.
2019 LLR 862
MADRAS HIGH COURT

 No relief is to be given by Labour Court to a worker when misappropriation is proved in a proper enquiry.
2019 LLR 862
MADRAS HIGH COURT

 High Court not be interfere in punishment imposed by employer after holding fair enquiry.
2019 LLR 862
MADRAS HIGH COURT

 An appeal under Gratuity Act has to be filed within 60 days and condonation of delay can't be beyond 60 days.
2019 LLR 868
MADRAS HIGH COURT

 Sit-in protests inside the factory premises, beyond working hours, is criminal offence.
2019 LLR 869
MADRAS HIGH COURT

 Forcible entry by workers inside the premises of a factory is offence of trespass.
2019 LLR 869
MADRAS HIGH COURT

 Police protection can be provided to employer for free ingress and egress of men and material.
2019 LLR 869
MADRAS HIGH COURT

 Police help is to be provided to employer if employees fails leave the factory premises.
2019 LLR 869
MADRAS HIGH COURT

 No reinstatement if the workman has lost confidence of the management.
2019 LLR 885
DELHI HIGH COURT

 Fraudulent transaction of money for self gains by a worker is a grave misconduct.
2019 LLR 885
DELHI HIGH COURT

 Any change in appointment letter by corrigendum is not permissible.
2019 LLR 888
GUJARAT HIGH COURT

 No automatic absorption of contractor labour on prohibition contract labour system.
2019 LLR 892
SUPREME COURT OF INDIA

 Engaging contract labour despite prohibition will amount to criminal offence.
2019 LLR 892
SUPREME COURT OF INDIA

 Absorption of contract labour only when the system is held to be sham or camouflage.
2019 LLR 892
SUPREME COURT OF INDIA

 Company is employer, not its directors for default of PF dues.
2019 LLR 905
KARNATAKA HIGH COURT

 Criminal offence against a Company is to be decided by Trial Court.
2019 LLR 906
CALCUTTA HIGH COURT

 Indian Penal code does not contain any vicarious liability on Managing Director or the directors when accused is Company.
2019 LLR 906
CALCUTTA HIGH COURT

 Nomination does not confer any beneficial interest except that he receives the amount to the credit of the deceased member.
2019 LLR 910
CALCUTTA HIGH COURT

 Nominee receives the amount to the credit of deceased member which can be claimed by other heirs.
2019 LLR 910
CALCUTTA HIGH COURT

 Challenging every show cause notice by writ petition is not maintainable.
2019 LLR 912
MADRAS HIGH COURT

 Employer can take action against its banker for delay to deposit PF dues.
2019 LLR 912
MADRAS HIGH COURT

 Writ petition tenable when Tribunal is not functioning for a long time.
2019 LLR 913
PUNJAB AND HARYANA HIGH COURT

 For challenging order passed by the EPF Authority under section 7-A the aggrieved party can file appeal.
2019 LLR 913
PUNJAB AND HARYANA HIGH COURT

 Any authority has to take extreme care while passing a judicial order.
2019 LLR 915
GUJARAT HIGH COURT

 The EPF Authority has to pass a speaking order on any application.
2019 LLR 917
GUJARAT HIGH COURT

 EPF Authority can make enquiry under S.7A to ascertain the applicability of the Act upon the employees of a Bank.
2019 LLR 919
BOMBAY HIGH COURT

 Straightway determination of the money in respect of Pigmy Agents of the Bank is not proper.
2019 LLR 919
BOMBAY HIGH COURT

 Detailed enquiry is required for deciding applicability of the Act.
2019 LLR 919
BOMBAY HIGH COURT

 Delay of about 6 years in filing the writ petition is condonable since the delay was bonafide.
2019 LLR 929
BOMBAY HIGH COURT

 On attaining 58 years after 20 years service, a member is entitled to weightage of two years for pension.
2019 LLR 931
BOMBAY HIGH COURT

 Word '˜month' is not used in the Employees' Pension Scheme.
2019 LLR 931
BOMBAY HIGH COURT

 Pensionable service is to be taken in terms of years and not in terms of months.
2019 LLR 931
BOMBAY HIGH COURT

 Operation of recovery shall remain stayed till outcome of the application filed for restoration of appeal.
2019 LLR 933
DELHI HIGH COURT

 Tribunal can impose any justified condition while staying the order of recovery.
2019 LLR 935
MADHYA PRADESH HIGH COURT

 Employees can exercise their option in terms of Proviso to Clause 11(3) of Pension Scheme.
2019 LLR 936
MADRAS HIGH COURT

 Employees are entitled to enhanced pension of their contributions with reference to actual salary.
2019 LLR 936
MADRAS HIGH COURT

 Employees, drawing pension would also be entitled to regular departmental pension.
2019 LLR 937
ALLAHABAD HIGH COURT

 Enforcement Officer can't decide applicability of the Act.
2019 LLR 943
KARNATAKA HIGH COURT

 Enforcement Officer has to only collect information to a limited extent to pass over the EPF Authority to decide the same.
2019 LLR 943
KARNATAKA HIGH COURT

 Enforcement Officer can't determine amount of EPF contributions, damages or interest.
2019 LLR 943
KARNATAKA HIGH COURT