REPORTED JUDGMENTS AT A GLANCE APRIL 2019
Dismissal justified on unauthorized and prolonged continuous absence. Bom. HC 400
Resignation valid when workman accepted the signature on receipt of payment also. Del. HC 361
Gratuity can’t be denied even to a daily wage earner. Del. HC 367
Contractual employees not entitled to maternity benefit after tenure of service. Del. HC 363
Representation by lawyer in enquiry by delinquent employee is not an absolute right. Bom. HC 419
Payment of last drawn wages not to be recovered even if workman loses in proceedings. S.C 355
Transfer not made by competent authority is not valid. Bom. HC 403
Appointment violative of procedural requirements would be illegal. Del. HC 359
Enquiry to be vitiated for non-supply of the list of witnesses and documents. P&H HC 386
Conveyance allowance is not ‘wages’ for ESI contribution. Mad. HC 381
Gratuity is to be calculated on basic wages and D.A. only. Bom. HC 375
Occupier and manager both are to be prosecuted for violation. Bom. HC 373
Resignation can be withdrawn before its acceptance. Ker. HC 415
Termination of even part time employee without retrenchment compensation is not valid. P&H HC 412
A teacher is entitled to gratuity with retrospective effect. Mad. HC 411
Sales Promotion Manager is not a ‘sales promotion employee’. 1976. MP HC 404
Transfer when actuated with victimization not justified. Karn. HC 435
Claim of wages tenable at the place where employee was posted. Del. HC 366
Transfer to subsidiary establishment not valid in the absence of any condition. Mad. HC 379
Contribution can be levied by ESI only after an opportunity of hearing to employer. Bom. HC 397
A plea cannot be taken in the High Court if not taken in Labour Court. P&H HC 386
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Identification of beneficiaries is imperative for determination of dues. Mad. HC 461
Reduction of pre-deposit for admission of appeal must state reasons. Mad. HC 462
EPF Authority has to ascertain if the default was willful on levy of damages. Ker. HC 455
Skipping to consider documents, filed by employer needs to be re-examined. Mad. HC 461
Mechanical imposition of damages for delayed deposit is not tenable. Chht. HC 453
No EPF contribution on HRA and Overtime payment. Ker. HC 457
Recovery proceedings only after determination of dues under the Act. Jhar. HC 449
An order contrary to the provisions of any Section of the Act is not sustainable. Mad. HC 462
Payments to employees when not paid universally will be excluded from ‘basic wages’. Ker. HC 457
Appeal before Tribunal untenable after 60+60 days. Raj. HC 467
Validity of order of EPF Tribunal can’t be challenged after one year. Raj. HC 466
Writ tenable against order of EPF Authority if Tribunal is not functioning. Karn. HC 452
Any order by EPF Authority should not deviate from the provisions of the Act. Jhar. HC 449
Commission by deposit collector of bank will be ‘basic wages’ for EPF. Ker. HC 457
Transferee firm can also be held liable for default by transferor. Raj. HC 467
Review of order of EPF Authority not tenable in absence of any sustainable material. Raj. HC 447
Piece rate payment to workers will attract contributions. Ker. HC 457
Courtesy : Labour law reporter
