REPORTED JUDGMENTS AT A GLANCE – DEC 2018
No reinstatement to a casual employee who worked only for one year. Supreme Court 1285
A school employee can challenge his termination only in School Tribunal. P&H HC 1288
Architects firm, performing work of professional nature, not covered under ESI Act. Mad. HC 1298
Pendency of application seeking exemption cannot stall applicability of the ESI Act. Karn. HC 1296
Transfer of complainant under POSH Act justified to protect her from harassment. P&H HC 1286
Resignation held to be proper if workman did not deny her signature upon it. Mad. HC 1301
Reinstatement is proper when enquiry against the workman is vitiated. All. HC 1289
Workers of contractor can also raise industrial dispute for their regularization. Cal. HC 1291
Extended maternity benefits not available after completion of contractual employment. Del. HC 1293
Retired employee is not a ‘workman’ under Industrial Disputes Act. Karn. HC 1294
Labour Court not to hold a fresh enquiry when it was not prayed for. All. HC 1289
Denial to refer a dispute of contractors’ workers not proper since the government cannot adjudicate. Cal. HC 1291
Claim by workmen when rebutted by employer, not be tenable under S.33-C(2) of the I.D. Act. Karn. HC 1294
Enquiry under POSH Act to be vitiated when proper Internal Committee is not constituted. P&H HC 1286
Last drawn wages appropriate when employer failed to prove gainful employment of workman. Supreme Court 1285
An employee can seek relief only in the prescribed forum. P&H HC 1288
Failure of witness to support his earlier version would vitiate the enquiry. All. HC 1289
High Court not to interfere with reasoned order by Employees Insurance Court. Karn. HC 1296
Compensation in lieu of reinstatement appropriate a casual workman who worked for short period. Supreme Court 1285
An employee, having resigned voluntarily, cannot later on contend illegal termination. Mad. HC 1301
Last drawn wages during pendency of proceedings in High Court to those who prove their unemployment. Mad. HC 1301
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Levy of damages for delayed deposit without hearing the employer is liable to be quashed. Cal. HC 1306
Writ petition against the order of EPFA Tribunal untenable in the absence of pre-deposit as directed. Del. HC 1311
Challenging summons issued by Judicial Magistrate is not sustainable sans strong grounds. P&H HC 1312
Normally no writ tenable to stall enquiry under section 7-A of the Act. Mad. HC 1315
Writ petition is untenable if statutory remedy of appeal is not exhausted. Jhar. HC 1320
Writ petition is maintainable if the office of Tribunal is lying vacant. Mad. HC 1321
Interim order of stay is generally a temporary arrangement to preserve the status quo till the matter is decided finally. Cal. HC 1319
Seeking a remedy by way of writ petition in respect of matter pending before EPFA Tribunal is not maintainable. Del. HC 1331
Documents not produced before EPF Authority or High Court, not admissible in review application. Pat. HC 1328
Imposition of damages for delayed remittance to be quashed in the absence of supporting reasons. Cal. HC 1306
EPF Authority can make recovery of dues in the absence of stay. Cal. HC 1309
Non-consideration of mitigating circumstances by Authority to impose penalty/interest is not proper. Del. HC 1323
Dismissal of writ appeal on the ground of unexplained delay of 967 days is justified. Pat. HC 1328
Writ Court may also grant relief to a party who failed in respect of pre-deposit, despite bona fide efforts. Del. HC 1329
No straight jacket formula for grant of interim stay since it depends upon facts of each case. Cal. HC 1319
In the absence of speaking order for levy of damages, High Court directed for re-examination with reasons. Cal. HC 1306
An employer cannot withhold EPF contributions since damages would be attracted. Cal. HC 1308
Writ petition without exhausting alternate remedy of statutory appeal against the order of the EPF Authority is not maintainable. Cal. HC 1309
Compliance of section 7-O of Act cannot automatically amount to restraint on EPF Authority for recovery of dues. Cal. HC 1309
Notice may be challenged in High Court when without jurisdiction or with malafide intention. Mad. HC 1315
Notice for enquiry under section 7-A can’t be challenged in writ petition. Mad. HC 1315
Insisting the natural guardian for production of guardianship certificate for disbursing EPF dues, is not proper. Mad. HC 1322
Courtesy: Labour Law Reporter
