Reported Labour Law Judgments April 2020 at Glance.
Sexual harassment is an affront to the fundamental rights of a woman. Supreme Court 355
Transfer of a low paid employee to a far-off place is not justified. Raj. HC 399
Dismissal of workman is justified when charge of theft is proved. Mad. HC 378
Housing Society is not covered by ID Act. Del. HC 408
Termination is not legal without retrenchment compensation and notice. MP HC 394, Del. HC 372, P&H HC 396
Failure to report for duty despite repeated letters will amount to abandonment of job.Del. HC 370
Imposing any punishment without proper enquiry is not tenable. Del. HC 362
Enquiry on compliance of principle of natural justice will be held fair and proper. Mad. HC 378
Termination of a probationer with stigma without of enquiry is illegal. Supreme Court 401
Extension of the limitation period for prosecution is not provided in Factories Act. HP HC 385
Reinstatement with full back wages is appropriate when termination is illegal. P&H HC 396
Earned leave not permissible on reinstatement of a workman.Karn. HC 414
A settlement has to be accepted or rejected as a whole. Bom. HC 410
Aggrieved party can file appeal under section 45AA of the ESI Act. Mad. HC 381
Adverse inference to be drawn when a party possessing record fails to produce. P&H HC 396
Denial of wages for the period the workman was not allowed to resume duties is unjustified. Del. HC 362
No notice needs to be served by factory inspector for inspection of factory premises. Cal. HC 391
If guilt of sexual harassment of workman is proved, the perpetrator not to be let off with termination simpliciter. Supreme Court 401
Consequential benefits would mean those available in normal course to reinstated workman. Karn. HC 414
Transfer of a bank officer is mala fide when she alleged of sexual harassment against a senior officer. Supreme Court 355
Dismissal without holding enquiry would justify reinstatement with back wages. Karn. HC 397
High Court can quash criminal proceedings under the Factories Act if no offence is made out. Cal. HC 391
Penal rent for unauthorised occupation of employer’s quarter can be adjusted against gratuity of employee. Jhar. HC 389
Dismissal unjustified when the charge against workman is not proved in enquiry. Del. HC 364
Inquiry not proper when complainant’s objection about bias by independent member of ICC was not removed. Supreme Court 355
A plea of fact cannot be pressed at a later stage. Bom. HC 410
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Levy of damages include number of defaults, amount involved and mens rea etc. Anr. All. HC 460
EPFA Tribunal not empowered to condone delay beyond prescribed limitation. All. HC 448
Period of limitation for filing appeal in Tribunal is not ultra vires. All. HC 448
Extension of time for appeal applicable in courts but not before EPFA Tribunal. All. HC 448
When an appeal is dismissed in default, application for its restoration is to be filed within 30 days from the date of order. Ker. HC 420
Recovery of dues rightly stayed when order was issued before the period prescribed for filing appeal before EPFA Tribunal. Mad. HC 423
Appeal against order passed under section 7-Q pertaining to interest is not maintainable. Ker. HC 469
Limitation for filing review against the order of EPF Authority is 45 days. Mad. HC 446
Without exhausting alternative remedies, challenging the order of EPF Authority in writ petition is not maintainable. HP HC 439
Insisting payment of determined amount before expiry of prescribed limitation for filing appeal is liable to be set aside. Mad. HC 443
Pre-deposit can be stayed for filing appeal if interest amount is deposited. Mad. HC 438
Instalments for EPF can be allowed in view of the Employer’s financial position. Ker. HC 417, 471; Mad. HC 440, 441, 468, 422
Failure to contest proceeding before EPF authority despite repeated notices would not justify employer’s plea that opportunity for hearing was not provided. Ker. HC 417
Writ petition is not maintainable against the order without exhausting of the remedy of appeal. Mad. HC 435
Failure to remit EPF dues in agreed instalments, the EPF Authority may recover the entire remaining amount. Ker. HC 421
No court can extend limitation for filing appeal beyond prescribed period. Mad. HC 446
Central Board can waive the whole amount of damages for default in payment of EPF dues by a sick industry. Mad. HC 441
Imposition of damages in the absence of mens rea is not sustainable. All. HC 460
During the pendency of stay application, recovery not permissible. Mad. HC 444
Recovery of EPF contributions would prevail over debts from the employer. Mad. HC 425
Delayed remittance of EPF dues attracts both i.e. damages and interest. Ker. HC 469
Whole amount will have to be deposited when payment of instalment is defaulted. Mad. HC 440
Limitation prescribed in special statute can’t be disturbed by Limitation Act. All. HC 448
Calculating damages prior to revised rates of 2008 is not legal. All. HC 460
Order of recovery issued by EPF Authority prior to expiry of limitation period of appeal is to be set aside. Mad. HC 423
Pre-deposit of 75% of the assessed amount is a must for admission of appeal. Mad. HC 424
Attachment of bank accounts of a municipality maybe lifted for a short period to take remedial steps. Mad. HC 435
Tribunal not empowered to exempt from paying total amount of damages. Mad. HC 441
Delayed remittance of EPF dues for transport company not valid. Mad. HC 424
EPF Authorities have to dispose of grievance of an employee expeditiously. Mad. HC 445
Courtesy Labour Law reporter
