IMPORTANT JUDGEMENTS for September 2019

IMPORTANT JUDGEMENTS

 High Court imposed hefty cost of Rs.50,000 on woman for false complaint of sexual harassment.
2019 LLR 947
DELHI HIGH COURT

 Dismissal is justified due to long unauthorized absence.
2019 LLR 984
PUNJAB AND HARYANA HIGH COURT

 ermination proper on the recommendations of inquiry held under POSH Act.
2019 LLR 999
SUPREME COURT OF INDIA

 Maternity Benefit Act applies to contractual employees also.
2019 LLR 1003
BOMBAY HIGH COURT

 Termination of contractual employee for short period not illegal.
2019 LLR 945
SUPREME COURT OF INDIA

 Instead of Rs.50,000 compensation in lieu of reinstatement High Court enhanced to Rs.4,00,000 considering service of 10 years.
2019 LLR 955
DELHI HIGH COURT

 An enquiry to be vitiated on denial of representation to workman.
2019 LLR 951
DELHI HIGH COURT

 Dismissal for long absence for alleged illness without any proof is justified.
2019 LLR 946
DELHI HIGH COURT

 Government can't refuse to refer a dispute saying that complainant is not a 'śworkman'.
2019 LLR 964
PATNA HIGH COURT

 Failing to respond various communications for resumption of duty would justify abandonment by a workman.
2019 LLR 984
PUNJAB AND HARYANA HIGH COURT

 Murder of an employee due to personal animosity is not an accident for claiming compensation.
2019 LLR 971
KARNATAKA HIGH COURT

 No interest can be paid on retrenchment compensation when workman refused to accept the same.
2019 LLR 970
PUNJAB AND HARYANA HIGH COURT

 Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice.
2019 LLR 990
CALCUTTA HIGH COURT

 No reinstatement of an employee on the loss of employer's confidence.
2019 LLR 956
DELHI HIGH COURT

 Dismissal of deputy manager justified for absenting on seven occasions for 177 days.
2019 LLR 961
JHARKHAND HIGH COURT

 No interference by writ court in enquiry held as per natural justice.
2019 LLR 961
JHARKHAND HIGH COURT

 Reinstatement with back wages appropriate when termination violative of section 25-F of the ID Act.
2019 LLR 969
PUNJAB AND HARYANA HIGH COURT

 Termination of even a temporary employee for misconduct without enquiry is not valid.
2019 LLR 945
SUPREME COURT OF INDIA

 Inquiry by ICC is vitiated if report not provided to the perpetrator.
2019 LLR 965
ALLAHABAD HIGH COURT

 Disputed questions of facts need to be adjudicated by Industrial Adjudicator.
2019 LLR 982
BOMBAY HIGH COURT

 Ex-parte enquiry is justified when delinquent failed to appear despite communication through various means.
2019 LLR 984
PUNJAB AND HARYANA HIGH COURT

 Fresh inquiry on same charges of earlier, enquiry not tenable.
2019 LLR 975
KARNATAKA HIGH COURT

 Any agreement prejudicial to Maternity Benefit Act is not legal.
2019 LLR 1003
BOMBAY HIGH COURT

 Auto Industry can't be declared public utility service under Industrial Disputes Act.
2019 LLR 963
MADRAS HIGH COURT

 Workers stitching garments from home are covered under the EPF Act.
2019 LLR 1019
SUPREME COURT OF INDIA

 Any relief granted by the Court may be withdrawn if the condition is not fulfilled.
2019 LLR 1055
KARNATAKA HIGH COURT

 Writ petition is maintainable at the place where the original authority exercised jurisdiction.
2019 LLR 1058
SUPREME COURT OF INDIA

 Depositing of misappropriated money is no ground for quashing of FIR.
2019 LLR 1060
PUNJAB AND HARYANA HIGH COURT

 Writ can be admitted when Appellate Tribunal is on leave.
2019 LLR 1040
MADRAS HIGH COURT

 EPF Tribunal is empowered to reduce or waive damages for delayed payment of dues.
2019 LLR 1035
DELHI HIGH COURT

 Recovery of dues can be stayed till disposal of appeal by EPFA Tribunal.
2019 LLR 1054
CALCUTTA HIGH COURT

 Appeal not writ is appropriate forum for challenging the order of EPF authority.
2019 LLR 1042
CALCUTTA HIGH COURT

 Employees' Pension Scheme, 1995 reflects the formula for calculation of past service.
2019 LLR 1051
RAJASTHAN HIGH COURT

 Opportunity of hearing is imperative before resorting to any coercive action for recovery.
2019 LLR 1056
KARNATAKA HIGH COURT

 EPF Authority has legal obligation to consider the objections raised by the employer.
2019 LLR 1056
KARNATAKA HIGH COURT

 Calcutta High Court has the jurisdiction for writ petition against the order of the EPF Appellate Tribunal, New Delhi.
2019 LLR 1058
SUPREME COURT OF INDIA

 Late deposit of EPF contributions is also a criminal offence.
2019 LLR 1060
PUNJAB AND HARYANA HIGH COURT

 Remittance of EPF dues in instalments as an exceptional case due to financial difficulties is proper.
2019 LLR 1056
MADRAS HIGH COURT

 72 instalments for payment of Rs 20 crores is appropriate to save employer from devastation.
2019 LLR 1043
PATNA HIGH COURT

 Higher pension also available to employees working in exempted trusts of establishments.
2019 LLR 1024
DELHI HIGH COURT

 Instalments can be allowed for determined amount for financial crises faced by employer.
2019 LLR 1036
KERALA HIGH COURT

 Work at home staffs also get provident fund.
2019 LLR 1019
SUPREME COURT OF INDIA

 Failure to pay instalments would justify recovery of whole amount besides legal action.
2019 LLR 1043
PATNA HIGH COURT

 EPFA Tribunal, not writ court, is the appellate authority to adjudicate the matter on merits.
2019 LLR 1040
MADRAS HIGH COURT

 Last service and past service pensionable are two different terms.
2019 LLR 1051
RAJASTHAN HIGH COURT

 When transferee employer is paying EPF contributions, transferor cannot be liable for default.
2019 LLR 1048
RAJASTHAN HIGH COURT

 Pre-deposit can be reduced to 25% in view of financial difficulty of appellant employer.
2019 LLR 1037
KERALA HIGH COURT

 Delay for filing appeal can be condoned up to 60 days on sufficient cause.
2019 LLR 1042
CALCUTTA HIGH COURT