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Latest Labour Law Judgments December 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


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