Reported Judgments at Glance April 2018
· A union leader must be a role model of integrity and law abiding. Karn. HC 417
· Civil Courts can’t grant reinstatement to a dismissed employee. Mad. HC 394
· Loss of 70% earning capacity of a driver appropriate for accident compensation. Supreme Court 343
· Unexplained and inordinate delay would justify setting aside of dismissal. Supreme Court 344
· Appeal against recommendations of Internal Committee of POSH Act is to be filed within 90 days. Ker. HC 363
· Awarding back wages sans supporting reasons not tenable. Mad. HC 360
· Validity of an enquiry to be decided as preliminary issue. Supreme Court 371
· Reinstatement with back wages appropriate when termination is illegal. P&H HC 355
· Casual or part time worker having worked for 240 days will get protection under ID Act. Guj. HC 402
· General Manager of a Corporation not a ‘workman’. Supreme Court 368
· Dismissal is justified for pilferage and causing loss. Karn. HC 415
· Employer can adduce evidence when an enquiry is vitiated. Supreme Court 371
· Unaided educational institutions are covered by ESI. Mad. HC 382
· Gratuity can be forfeited only when an employee is guilty of misconducts under the Act. Mad. HC 384
· Order of Controlling Authority can be challenged only in appeal. Del. HC 390
· Courts would interfere when punishment is too harsh. Karn. HC 415
· Beneficial legislation is to be interpreted for welfare of workers. Ker. HC 406
· Legal representation is not permissible in an enquiry. Mad. HC 394
· For banks and insurance companies, appropriate government will be Central for POSH Act. Ker. HC 363
· Non-payment of suspension allowance would vitiate an enquiry. Supreme Court 344
· An incorrigible employee does not deserve sympathy. Karn. HC 415
· Punishment can be interfered by Labour Court despite valid enquiry. Supreme Court 371
· No reinstatement on the loss of confidence of employer. P&H HC 424
· Past record, when stigmatic, would not justify reduction of punishment. Karn. HC 415
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
· Imposition of cost justified when employer failed to produce records despite 18 opportunities. P&H HC 433
· Tribunal can pass interim order with or without any condition on admission of appeal. Del. HC 443
· Owner of establishment is liable to make payment of EPF dues. P&H HC 441
· Copy of the report of EO is to be provided to an employer before initiating proceeding u/s 7A of the Act. Bom. HC 457
· An appeal against the composite order for levy of damages and interest is tenable.Del. HC 430
· Order of attachment is illegal before limitation period of 60 days in filing appeal. Karn. HC 437
· Damages for delayed remittance of EPF contributions not to be waived Karn. HC 440
· High Court can defer recovery proceedings if the P.O. of EPFT is not functioning. Ker. HC 435
· Lifting of attachment order justified when major part of amount is deposited. Mad. HC 436
· Appeal is not maintainable against every order of PF Authority. P&H HC 434
· Allowing installments justified when major amount as determined is paid by government department. Ker. HC 442
· EPF dues can be recovered from previous and present owners of establishment. P&H HC 441
· Exemption under section 17 of the Act, would not exclude the employer from purview of the Act. Uttr. HC 446
· EPF authority can recover the determined amount in absence of a stay. Del. HC 443
· 75% pre-deposit of determined amount is a prescribed condition for admission of appeal before EPFT. Del. HC 430
· Attachment order is rightly revoked for releasing wages of employees. Mad. HC 436
· Withdrawal of exemption justified when employer switched over to LIC for EDLI scheme. Uttr. HC 446
· Admission of default would not justify the absence of mens rea. Karn. HC 440
· An appeal is not tenable against the order for levy of interest. Del. HC 430
· Withdrawal of exemption justified when the establishment did not maintain the records as prescribed. Uttr. HC 446
· EPFO will return illegally recovered amount. Karn. HC 437
· Provident Fund is to mitigate the suffering of workers. Karn. HC 440
· Educational institutions are covered by EPF and MP Act. Uttr. HC 455
· Order of the EPF Authority covering the ‘associate members’ from retrospective effect is to be set aside. Chhat. HC 456
Credit: Labour Law Reporter
