Reported Labour Law Judgments at a Glance August 2021
Reinstatement with back wages, not automatic for non-compliance of retrenchment conditions. 2021 LLR 681 SUPREME COURT OF INDIA
Casual employees engaged for maintenance of guest house to be covered by ESI Act. 2021 LLR 703 MADRAS HIGH COURT
A pujari in a temple is not a ''workman''. 2021 LLR 725 RAJASTHAN HIGH COURT
Awarding reinstatement for illegal termination is justified. 2021 LLR 704 CALCUTTA HIGH COURT
An employee will be ''workman'' when management has failed to show that he was sanctioning leave, issuing gate pass and granting overtime of any worker. 2021 LLR 704 CALCUTTA HIGH COURT
Dismissal when held illegal, workman is entitled to reinstatement with back wages. 2021 LLR 713 KARNATAKA HIGH COURT
An ex-parte award not to be set aside if employer did not appear despite Court notice.2021 LLR 717 MADHYA PRADESH HIGH COURT
Termination of a workman, without holding proper enquiry and proving guilt is illegal. 2021 LLR 704 CALCUTTA HIGH COURT
A club being a separate entity cannot be part of a Company. 2021 LLR 727 JHARKHAND HIGH COURT
Byelaws of a Society, when contrary to statutory law are not sustainable. 2021 LLR 740 JHARKHAND HIGH COURT
Settlement under section 12(3) of the ID Act between union and management is binding on all workmen. 2021 LLR 745 MADRAS HIGH COURT
Insurer not liable to pay compensation, if tractor was insured only for agricultural purposes and not for carrying passengers. 2021 LLR 747 MADRAS HIGH COURT
When the doctor has assessed disability 90% making injure worker unable to do carpentry work, loss of earning capacity be assessed @ 100%. 2021 LLR 766 MADRAS HIGH COURT
No accident compensation payable when death occurred due to disease. 2021 LLR 692 MADRAS HIGH COURT
An employer, after accident took the injured workman to hospital, is liable to pay compensation. 2021 LLR 689 ORISSA HIGH COURT
No appeal tenable against order under section 45A of ESI Act when the employer failed to appear in enquiry. 2021 LLR 696 MADRAS HIGH COURT
An enquiry will not be proper if subsistence allowance not paid, and enquiry Officer was not examined. 2021 LLR 754 DELHI HIGH COURT
Compensation for accident only if it occurred in the course of and arisen out of employment. 2021 LLR 690 MADRAS HIGH COURT
Employees Provident Fund Act
Prosecution of a director for non deposit of EPF dues without arraying company not maintainable. 2021 LLR 779 CALCUTTA HIGH COURT
Trainee if not under Apprentices Act or Standing Orders, will be treated as ''employee''. 2021 LLR 776 MADRAS HIGH COURT
EPF Authority has to determine the contributions after identification of employees. 2021 LLR 770 MADRAS HIGH COURT
Reduction in pre-deposit amount for appeal due to the Covid-19 pandemic situation is justified. 2021 LLR 782 MADRAS HIGH COURT
An order for levy of interest is not appealable. 2021 LLR 78 MADRAS HIGH COURT
EPF Authority has to determine contributions by the contractors after giving opportunity to employer. 2021 LLR 770 MADRAS HIGH COURT
Declining exemption from the Scheme to the employer would be justified if employer has failed to rectify discrepancies. 2021 LLR 796 CALCUTTA HIGH COURT
When both the units are found functioning at one place, partners are the same, will be clubbed for coverage. 2021 LLR 794 MADRAS HIGH COURT
Principal employer cannot shirk responsibility to identify eligible workers engaged through contractor. 2021 LLR 770 MADRAS HIGH COURT
An order passed by the EPF Authority covering the employer without giving proper opportunity of hearing, is not sustainable. 2021 LLR 792 MADRAS HIGH COURT
An order under section 7-A of the Act without supplying copy of Enforcement Officer''s report is bad in law. 2021 LLR 788 KARNATAKA HIGH COURT
Principal employer may file an application before the EPF Authority to summon the concerned contractors. 2021 LLR 770 MADRAS HIGH COURT
Director to be prosecuted only when he entrusted by the company for depositing the EPF contributions. 2021 LLR 779 CALCUTTA HIGH COURT
Shifting place of business must be informed to EPF Authority by employer. 2021 LLR 782 MADRAS HIGH COURT
Interest in respect of delayed remittance to be collected by EPF Authority. 2021 LLR 794 MADRAS HIGH COURT
In the absence of any legal right to seek exemption status, enjoyed by the employer, is not maintainable. 2021 LLR 796 CALCUTTA HIGH COURT
Judicial review under writ is not maintainable when alternate remedy of review is not exhausted. 2021 LLR 787 MADRAS HIGH COURT
High Court can direct the EPF authority to consider the evidence produced by employer. 2021 LLR 792 MADRAS HIGH COURT
Courtesy- Labour Law Reporter
