IMPORTANT JUDGEMENTS for September 2018

IMPORTANT JUDGEMENTS

 Employee must prove transfer to be mala fide for relief.
2018 LLR 1000
GUJARAT HIGH COURT

 A resignation can be withdrawn before its acceptance.
2018 LLR 1010
KARNATAKA HIGH COURT

 Resignation can't be accepted before one month in absence of notice period.
2018 LLR 1010
KARNATAKA HIGH COURT

 Courts have to pass a reasoned order with narration of bare facts of the case.
2018 LLR 1018
SUPREME COURT OF INDIA

 Damages not mandatory but employer has to pay for delayed remittance to ensure regularity in deposits.
2018 LLR 1020
BOMBAY HIGH COURT

 Absence of mens rea, willful default will justify reduction of damages by Tribunal.
2018 LLR 1020
BOMBAY HIGH COURT

 No damages can be imposed for pre-discovery period.
2018 LLR 1020
BOMBAY HIGH COURT

 Declared sickness of unit is a factor for reduction of damages
2018 LLR 1020
BOMBAY HIGH COURT

 Factors for levy of damages pertain to willful default and financial crises etc.
2018 LLR 1022
BOMBAY HIGH COURT

 Every default by employer does not justify levy of damages mechanically.
2018 LLR 1022
BOMBAY HIGH COURT

 Order under section 7-A of the Act may be stayed with or without any condition.
2018 LLR 1025
KERALA HIGH COURT

 Operation of order under section 7A is unjustified without supporting documents.
2018 LLR 1025
KERALA HIGH COURT

 High Court is not to entertain writ against a show cause notice under section 7A.
2018 LLR 1027
CALCUTTA HIGH COURT

 Option for pension tenable if person is in service and has not withdrawn PF dues.
2018 LLR 1028
KERALA HIGH COURT

 Appeal not writ petition tenable while challenging order under section 7A of the Act.
2018 LLR 1031
MADRAS HIGH COURT

 Writ petition is tenable when EPF Tribunal is not functioning.
2018 LLR 1033
MADRAS HIGH COURT

 Operation of an order under section 7A is to be kept in abeyance when Tribunal is not functioning.
2018 LLR 1033
MADRAS HIGH COURT

 Forum for challenging order of EPF authority is only filing of appeal before Tribunal.
2018 LLR 1034
MADRAS HIGH COURT

 Writ petition is tenable if order violates of fundamental right and natural justice.
2018 LLR 1034
MADRAS HIGH COURT

 Appellant can seek interim relief by Tribunal as permissible.
2018 LLR 1039
MADRAS HIGH COURT

 List of employees duly signed by responsible officer cannot be rebutted while challenging coverage.
2018 LLR 1040
PUNJAB AND HARYANA HIGH COURT

 Coverage of an establishment justified when above 20 employees were employed.
2018 LLR 1040
PUNJAB AND HARYANA HIGH COURT

 Coverage of establishment is to be decided on factual material.
2018 LLR 1041
JHARKHAND HIGH COURT

 Writ petition is untenable during pendency of proceedings under section 7A.
2018 LLR 1041
JHARKHAND HIGH COURT

 Enquiry is not imperative in prolonged and unauthorised absence of a workman.
2018 LLR 933
BOMBAY HIGH COURT

 Failing to reply show cause notice despite its receipt can't be inferred denial of opportunity.
2018 LLR 935
MADRAS HIGH COURT

 Embezzlers don't deserve any relief.
2018 LLR 939
PATNA HIGH COURT

 Reinstatement with back wages is appropriate on termination without retrenchment compensation.
2018 LLR 947
MADRAS HIGH COURT

 Reinstatement not proper on failure of workman to join duty despite offer.
2018 LLR 950
PUNJAB AND HARYANA HIGH COURT

 Reinstatement with back wages is appropriate on termination without retrenchment compensation.
2018 LLR 951
PUNJAB AND HARYANA HIGH COURT

 Employer to decide quantum of punishment when enquiry is fair and proper.
2018 LLR 953
PUNJAB AND HARYANA HIGH COURT

 Negligence in food manufacturing unit justifies termination.
2018 LLR 953
PUNJAB AND HARYANA HIGH COURT

 Union office bearers must have integrity and hard work to be role model for others.
2018 LLR 957
KARNATAKA HIGH COURT

 Mere submission of letter is not sufficient to seek status of '˜protected workman'.
2018 LLR 957
KARNATAKA HIGH COURT

 Labour Laws are for the welfare of workers and to maintain peace and harmony.
2018 LLR 957
KARNATAKA HIGH COURT

 High Court will not entertain writ petition against show cause notice.
2018 LLR 957
KARNATAKA HIGH COURT

 Seeking explanation from a workman is prelude of an enquiry.
2018 LLR 957
KARNATAKA HIGH COURT

 Misappropriation of public money justifies dismissal.
2018 LLR 963
KARNATAKA HIGH COURT

 Abnormal delay in raising industrial dispute won't justify reinstatement with back wages.
2018 LLR 975
ALLAHABAD HIGH COURT

 Termination not justified when enquiry is held to be unfair.
2018 LLR 977
ALLAHABAD HIGH COURT

 No accident compensation in absence of employer-employee relationship.
2018 LLR 982
MADRAS HIGH COURT

 Electricity charges can be enhanced as '˜notice of change' is not necessary.
2018 LLR 985
Orissa HIGH COURT

 Preliminary enquiry under POSH Act to be set aside if respondent not provided with copy of complaint.
2018 LLR 990
KERALA HIGH COURT

 Transfer of an employee facing enquiry would be construed as mala fide.
2018 LLR 991
KERALA HIGH COURT

 Tribunal must confine adjudication on terms of reference.
2018 LLR 997
CALCUTTA HIGH COURT