REPORTED JUDGMENTS AT A GLANCE Feb 2019
· Theft of official documents and using them against employer by an employee would justify his dismissal. Del. HC 129
· Branch manager having subordinates will not be a ‘workman’ under Industrial Disputes Act. Guj. HC 138
· Reinstatement is not automatic even on every illegal termination. P&H HC 143
· Interest on delayed deposit of ESI contributions can’t be waived by any authority or the court. Karn. HC 149
· A doctor running a clinic with an assistant not to be covered under Industrial Disputes Act. Del. HC 173
· Financial capacity of an employer is relevant for fixation of fair wages. MP HC 155
· Mere framing of charge of moral turpitude in enquiry would not justify forfeiture of gratuity. Del. HC 124
· An enquiry is to be held fair and proper on compliance of principles of natural justice. Del. HC 129
· Termination of contractual employee not illegal on expiry of his contract. P&H HC 147
· Bonus can’t be claimed in writ petition in view of prescribed forum under the Bonus Act. HP HC 161
· Appeal against order of controlling authority not tenable beyond 60+60=120 days. MP HC 165
· Abandonment of job appropriate if an employee fails to comply with offers for resumption of her duty. Del. HC 173
· Appeal against Employees’ Insurance Court is tenable only on question of law. Karn. HC 151
· Occurring of an accident when proved, compensation would be payable. Supreme Court 122
· It is not employer but the court to decide about offence of moral turpitude by an employee. Del. HC 124
· Plea for denial of proper opportunity by delinquent employee untenable when he himself did not participate in enquiry. Del. HC 129
· A sales promotion employee is a ‘workman’ under I.D. Act. P&H HC 145
· A contractor is liable to pay accident compensation resulting into death at construction site. Bom. HC 134
· Industrial Tribunal not High Court to decide whether the work is of perennial nature performed by workers of a contractor. Pat. HC 142
· Reinstatement without back wages would be appropriate to a bus conductor removed 14 years earlier for misappropriation of Rs.21. Hyd. HC 140
· Last drawn wages to a workman during pendency of proceeding payable only when he files an affidavit about his unemployment Guj. HC 136
· Gratuity of an employee can be forfeited only when his service is terminated for prescribed misconduct. Del. HC 124
· 100 per cent functional disability in an accident would justify total compensation under Employees Compensation Act. Kant. HC 121
· Circumstantial evidence not to be discarded when no eye-witness is available. Supreme Court 122
· Factual aspects neither pleaded nor submitted before Tribunal untenable in the High Court. Del. HC 129
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
· Pre-deposit on admission of appeal can be waived by Tribunal when there is a strong prima facie case by the appellant. Bom. HC 210
· Tribunal can grant extension of time for pre-deposit to be made for admission of appeal. Del. HC 212
· Determination of money payable against an employer can be only u/s 7A of the Act. P&H HC 188
· Only appeal not writ tenable against an order of an authority under the Act. P&H HC 186
· Trainee Nurses are not ‘employees’ to be covered under the Act. Ker. HC 193
· Recovery proceedings untenable during pendency of proceedings u/s 7B pertaining to review of the order Jhar. HC 216
· 25 per cent of the total material cost will be treated as labour expenditure for attracting EPF contributions. Ker. HC 218
· High Court can stay recovery if the presiding officer of EPFT is not functional. Jhar. HC 206
· Recovery of stale dues of 2003 can be allowed to be revered in 10 installments Ker. HC 217
· Tribunal is empowered to grant 100% waiver of pre-deposit for admission of appeal Bom. HC 210
· Delay for filing appeal after 60+60=120 days cannot be condoned. Karn. HC 207
· Non-withdrawal of money from EPF for 36 months would justify its transfer to inoperative account. Mad. HC 190
· A show cause notice cannot be challenged in writ court unless it is without jurisdiction P&H HC 186
· Tribunal can lay any condition for staying recovery by an interim order during pendency of appeal. Karn. HC 192
· Writ petition for challenging show cause notice for participation in the enquiry is untenable. Mad. HC 203
· Levy of damages establishing mens rea on the part of employer, is not sustainable Del. HC 181
· Onus is upon the employer to produce relevant records for identification of beneficiaries to the EPF Scheme Bom. HC 183
· Allowing a hospital, facing financial crises, to remit arrears in six installments, is appropriate. Ker. HC 218
· Non-production of records on the ground that establishment was closed long back and records not available, is not tenable Bom. HC 183
· Obligation for contributions arises from the date when Act became applicable upon the employer. P&H HC 188
· Stipend to the trainees would not attract EPF contributions. Ker. HC 193
· No leniency can be shown by High Court to defaulting contractor for depositing EPF dues. Karn. HC 209
· No demand for EPF contributions for disputed allowances till final decision of the Supreme Court. Mad. HC 203
c Courtesy: Labour Law Reporter
