Reports of Labour Laws Judgements Dec 2017
Reinstatement of a workman guilty of abusing, showing his chappals and threatening his senior is to be quashed. Ori. HC 1247
Retrenchment sans compensation renders termination illegal. Jhar. HC 1254
Opportunity for hearing is imperative before imposition of punishment. All. HC 1239
51 days wages rightly allowed under Minimum Wages Act when the claimants have worked for all 365 days. Jhar. HC 1252
Evidence of passengers is imperative in an enquiry against conductor for not issuing tickets. Supreme Court 1233
Insurer, not the insured is liable to pay accident compensation to claimants. Del. HC 1234
Plea of delay of raising of dispute be should be taken before labour authorities. HP HC 1256
Full back-wages on reinstatement payable when gainful employment of workman is not proved. Jhar. HC 1254
Prosecution for non-implantation of award is untenable when workman was reinstated. MP HC 1251
Impleading of contactor is necessary for claiming wages from principal employer. Guj. HC 1240
Even if contract of apprenticeship not signed an apprentice will not become a workman. Guj. HC 1236
Compensation and difference of minimum wages is properly allowed by the authority under Minimum Wages Act. Jhar. HC 1252
Denial of back-wages on reinstatement is not a rule of thumb. Cal. HC1260
Labour Court/Tribunal will adjudicate only the terms of reference of a dispute.HP HC 1256
Writ petition not tenable pertaining to disputed facts. Guj. HC 1240
Principle of “no-work, no-pay” shall not apply when the workman was not at fault. Cal. HC1260
Back-wages with reinstatement to a workman guilty of misconducts is to be vitiated. Ori. HC 1247
Denial of approval for dismissal by Tribunal is not proper when workman was provided opportunity in enquiry. Ori. HC 1245
Writ petition, without exhausting alternate remedy, is not maintainable. Guj. HC 1240
Disciplinary authority must issue show cause notice to a workman with proposed punishment after conclusion of enquiry. All. HC 1239
An apprentice engaged under Apprentices Act, 1961 will not be a ‘workman’. Guj. HC 1236
Contract labour must be paid their wages in presence of principal employer. Jhar. HC 1252
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Attachment of bank account without hearing of employer is liable to be quashed. Karn. HC 1277
Divorcee can’t be permitted to continue as ‘nominee’ of the deceased husband. Ker. HC 1268
Writ petition not tenable when due opportunity for hearing was given to employer. Cal. HC 1266
Serious sickness of wife is a genuine and sufficient cause to justify the non-appearance of a party. Ori. HC 1271
Non-providing proper opportunity of hearing is against the principles of natural justice. Ori. HC 1271
Mere residence of petitioner is not sufficient to approach the Madras Court for disburse his PF dues. Mad. HC 1238
Two simultaneous proceedings in EPF Tribunal and Writ Court) are not maintainable. Cal. HC 1265
Attachment of bank account is to be lifted for payment of puja bonus. Cal. HC 1265
Delayed filing of writ petition challenging EPF dues rightly dismissed. Cal. HC 1266
Non-issuing of mandatory notice is high-handedness of the EPF Authority. Karn. HC 1277
No relief can be granted by court in the absence of any such prayer. MP HC 1270
Whenever a quasi-judicial authority has acted without jurisdiction, the Writ can set aside. Ori. HC 1271
Financial difficulties are no grounds to justify delayed EPF remittance. P&H HC 1275
Seeking new relief in writ petition is not admissible. MP HC 1270
Installments facility can be allowed for payment of EPF dues. Cal. HC 1276
Non-providing fund to the Municipality by the Government is no ground to escape from liability of EPF dues. Cal. HC 1266
Unless a part of cause of action arose within the territory of the Court, it cannot be clothed with territorial jurisdiction Mad. HC 1238
Courts are to aid the aggrieved persons to render justice by taking away the technicalities of law. Ker. HC 1268
Writ petition is to be dismissed without territorial jurisdiction. Mad. HC 1238
Employees’ Provident Funds legislation is to provide welfare to the employees. Ker. HC 1268
An appeal, filed before EPF Tribunal, cannot be withdrawn if Presiding Judge is not available. Cal. HC 1265
No mitigation for pleading that hereinafter the payment will be made in time. Cal. HC 1266
Delayed payment of pension and salary not justified. All. HC 1264
If first wife is divorced, the second wife would be entitled to be nominee. Ker. HC 1268
Courtesy Labour Law Reporter
