REPORTED JUDGMENTS AT A GLANCE – MARCH 2019
Company Directors who receive remuneration are employees under ESI Act. Supreme Court 237
Gratuity can’t be denied for non vacation of company’s land. Ker. HC 263
Bonus Act is not applicable on hospitals without profit motive. Mad. HC 264
Maternity benefit also available to a female employee engaged through contractor. Ker. HC 262
Resignation is not involuntary when payments received without protest . MP HC 254
Workers of contractor are to be not employees of principal employer in the absence of supervision. Bom. HC 250
ESI Act not applicable when survey report and list of employees are not proved. Del. HC 271
No regularisation of daily wager on reinstatement.Supreme Court 277
Forfeiture of gratuity sans opportunity for hearing to the employee is illegal. Uttr. HC 295
Section 9A of ID Act protects interests of workmen against change of service conditions without notice. MP HC 288
Employer liable for compensation on accident even where employer has an excess for work. Supreme Court 241
Object of Gratuity Act is to benefit employees and not to put the employer in jail. Pat. HC 259
Appeal under Compensation Act only awarded amount is to be deposited. MP HC 255
Application for approval of dismissal rightly dismissed when enquiry was vitiated. Del. HC 243
An enquiry is not proper if relevant documents not supplied to delinquent. Del. HC 243
Last drawn wages is payable during proceeding in higher court from the date of claim. Del. HC 247
Payment of ex-gratia cannot necessarily be termed as bonus. Mad. HC 264
For filing complaint under Factories Act, period for seeking permission is excluded. HP HC 266
Termination of bank employee for misappropriation is legal when enquiry is held fair. Bom. HC 268
Interim increase is part of wages for calculation of gratuity. Bom. HC 272
Labour Court has to confine adjudication within terms of reference. Bom. HC 273
Reference can be rejected when employee fails to prove to have worked for 240 days. Bom. HC 273
Enquiry is not proper when enquiry officer fails to confirm genuineness of medical documents. Del. HC 279
Delay in filing application for gratuity is condonable being a beneficial legislation. Ker. HC 296
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
No recovery for EPF contributions tenable in absence of identification of beneficiaries. Bom. HC 333
Security personnel are to be deemed employee of the principal employer when their wages are reflected in the books of accounts. Del. HC 325
Receipt of order of EPF authority would be considered for filing appeal before EPF Tribunal. Pat. HC 321
Show cause notice for participation in enquiry cannot be challenged. Mad. HC 311
A judicial or semi-judicial authority has to pass a speaking order of its finding. Mad. HC 337
Pre-deposit of 50% of the determined amount is reasonable for admission of appeal. Karn. HC 322
Recovery of PF dues and not enquiry can be stalled in view of stay. Mad. HC 311
An employee through contractor is also covered under the EPF Act. Del. HC 325
An order can be remanded for recording of evidence by the lower authority. Bom. HC 309
A branch of an establishment exempted cannot be disturbed for coverage. Pat. HC 320
Determination of EPF dues without identification of beneficiaries not sustainable. Del. HC 346
Emoluments paid to employees universally, ordinarily and necessarily will attract PF contribution. Supreme Court 339
Pension can be recalculated for opting scheme under clause 11(3) of Employees Pension Scheme. Raj. HC 323
An order contrary to rules as framed is not sustainable. Mad. HC 337
Outsourced employee will also be employees of principal employer. Del. HC 325
Coverage of an establishment based on documents by third party not sustainable. Jhar. HC 336
Restriction on operation of bank account during pendency of appeal is not justified. Karn. HC 334
Damages for late deposit discretionary not mandatory. Mad. HC 353
Belated determination by EPF authority mandates for identification of beneficiaries. Mad. HC 337
High Court not to interfere in an order of EPF Authority since filing of appeal is at appropriate forum. Jhar. HC 336
Bank is obliged to hold the amount of the employer when statutory appeal is pending before the EPF Appellate Tribunal. Karn. HC 334
Assessment of EPF dues under section 7-A without identification of beneficiaries is not sustainable. Mad. HC 337
Waiver or reduction of pre-deposit by a Tribunal has to be a speaking order. Mad. HC 353
Courtesy: Labour law reporter
