REPORTED JUDGMENTS AT A GLANCE August 2019
Any change in appointment letter by corrigendum is not permissible. Guj. HC 888
No automatic absorption of contractor labour on prohibition contract labour system. Supreme Court 892
Dismissal justified for misappropriation of fund by an employee. Mad. HC 862
No reinstatement if the workman has lost confidence of the management. Del. HC 885
Sit-in protests inside the factory premises, beyond working hours, is criminal offence. Mad. HC 869
Transfer can be challenged labour authority only when supported by substantial number of company’s workmen. HP HC 856
An ex-parte award can be set aside on sufficient cause for absence.Supreme Court 827
Hooliganism can’t be allowed to disturb industrial peace in the name of peaceful demonstration. Mad. HC 841
No relief is to be given by Labour Court to a worker when misappropriation is proved in a proper enquiry. Mad. HC 862
Fraudulent transaction of money for self gains by a worker is a grave misconduct. Del. HC 885
Forcible entry by workers inside the premises of a factory is offence of trespass. Mad. HC 869
Termination for unauthorised absence without enquiry is not legal. All. HC 830
An insured employee can claim accident compensation only under ESI Act. Bom. HC 828
Labour Court not to be functus officio even after expiry of 30 days from publication of award. All. HC 833
A person can be tried for offence under Factories Act and also Indian Penal Code. Chhat. HC 848
An appeal under Gratuity Act has to be filed within 60 days and condonation of delay can’t be beyond 60 days. Mad. HC 868
Police protection can be provided to employer for free ingress and egress of men and material. Mad. HC 869
Engaging contract labour despite prohibition will amount to criminal offence.Supreme Court 892
Absorption of contract labour only when the system is held to be sham or camouflage. Supreme Court 892
High Court not be interfere in punishment imposed by employer after holding fair enquiry. Mad. HC 862
Police help is to be provided to employer if employees fails leave the factory premises. Mad. HC 869
Right to demonstration by the workers is subject to reasonable restrictions. Mad. HC 841
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Company is employer, not its directors for default of PF dues. Ker. HC 905
Enforcement Officer can’t determine amount of EPF contributions, damages or interest. Karn. HC 943
Nominee receives the amount to the credit of deceased member which can be claimed by other heirs. Cal. HC 910
On attaining 58 years after 20 years service, a member is entitled to weight age of two years for pension. Bom. HC 931
Challenging every show cause notice by writ petition is not maintainable. Mad. HC 912
EPF Authority can make enquiry under S.7A to ascertain the applicability of the Act upon the employees of a Bank. Bom. HC 919
The EPF Authority has to pass a speaking order on any application. Guj. HC 917
Tribunal can impose any justified condition while staying the order of recovery. MP HC 935
Employees can exercise their option in terms of Proviso to Clause 11(3) of Pension Scheme. Mad. HC 936
Employees, drawing pension would also be entitled to regular departmental pension. All. HC 937
Criminal offence against a Company is to be decided by Trial Court. Cal. HC 906
Writ petition tenable when Tribunal is not functioning for a long time. P&H HC 913
Operation of recovery shall remain stayed till outcome of the application filed for restoration of appeal. Del. HC 933
Indian Penal code does not contain any vicarious liability on Managing Director or the directors when accused is Company. Cal. HC 906
Delay of about 6 years in filing the writ petition is condonable since the delay was bonafide. Bom. HC 929
Nomination does not confer any beneficial interest except that he receives the amount to the credit of the deceased member. Cal. HC 910
Word ‘month’ is not used in the Employees’ Pension Scheme. Bom. HC 931
Enforcement Officer can’t decide applicability of the Act. Karn. HC 943
Employer can take action against its banker for delay to deposit PF dues. Mad. HC 912
Straightway determination of the money in respect of Pigmy Agents of the Bank is not proper. Bom. HC 919
Employees are entitled to enhanced pension of their contributions with reference to actual salary. Mad. HC 936
Detailed enquiry is required for deciding applicability of the Act. Bom. HC 919
For challenging order passed by the EPF Authority under section 7-A the aggrieved party can file appeal. P&H HC 913
Any authority has to take extreme care while passing a judicial order. Guj. HC 915
Enforcement Officer has to only collect information to a limited extent to pass over the EPF Authority to decide the same. Karn. HC 943
Pensionable service is to be taken in terms of years and not in terms of months. Bom. HC 931
Courtesy: Labour law Reporter
