Reported labour law judgments at a Glance December 2020
Habitual absence coupled with misappropriation will justify dismissal of a workman. 2020 LLR 931 MADRAS HIGH COURT
An employer is liable to reimburse treatment expenditure of an employee injured in accident. 2020 LLR 926 KERALA HIGH COURT
Termination of a workman without enquiry will justify reinstatement with back wages. 2020 LLR 944 ALLAHABAD HIGH COURT
Non-denial of any plea/document would amount to admission. 2020 LLR 943 KARNATAKA HIGH COURT
ESI card proves employment of worker of employer. 2020 LLR 919 DELHI HIGH COURT
Back wages only when workman pleads unemployment. 2020 LLR 938 RAJASTHAN HIGH COURT
Limitation not applicable for claiming gratuity. 2020 LLR 964 KARNATAKA HIGH COURT
Past record of delinquent employee will be a factor for imposing punishment.2020 LLR 953 DELHI HIGH COURT
Back wages in all cases of illegal termination are not mandatory. 2020 LLR 953 DELHI HIGH COURT
Strict compliance of Evidence Act not essential in inquires. 2020 LLR 944 ALLAHABAD HIGH COURT
Lengthy period of litigation not a ground for denial of back wages. 2020 LLR 917 DELHI HIGH COURT
Back wages on reinstatement untenable if workman intentionally prolongs litigation. 2020 LLR 917 DELHI HIGH COURT
Breaking the boulder into chips is manufacturing process covered by Factories Act. 2020 LLR 922 JHARKHAND HIGH COURT
Forfeiture of gratuity only on termination for misconducts under section 4(6) of Gratuity Act. 2020 LLR 941 UTTARAKHAND HIGH COURT
Labour Court has to give reason(s) on modification of punishment imposed by employer. 2020 LLR 931 MADRAS HIGH COURT
Threatening superior for reporting to CBI and newspapers amounts to misconduct. 2020 LLR 953 DELHI HIGH COURT
Running a factory without registration is an offence. 2020 LLR 922 JHARKHAND HIGH COURT
Penalty for late payment of accident compensation only when pleaded by claimants. 2020 LLR 969 CHATTISGARH HIGH COURT
It is for employer to prove gainful employment of workman. 2020 LLR 938 RAJASTHAN HIGH COURT
Modifying punishment to a workman mechanically by Labour Court not justified. 2020 LLR 931 MADRAS HIGH COURT
Appellate Authority not empowered under Gratuity Act to condone delay of filing appeal beyond 120 days.2020 LLR 964 KARNATAKA HIGH COURT
Appeal against Employees'' Insurance Court only on substantial question of law. 2020 LLR 966KARNATAKA HIGH COURT
Managing Director can''t be prosecuted for violation of CLRA Act when on inspection he was not holding that position. 2020 LLR 993 MADRAS HIGH COURT
Unauthorised absence justifies dismissal.2020 LLR 1003 MADRAS HIGH COURT
No legal right to be posted at one place by an employee holding transferable post.2020 LLR 985 KERALA HIGH COURT
Senior section officer without supervising the work of others will be a workman. 2020 LLR 1008 JHARKHAND HIGH COURT
Delayed deposit of ESI contributions when explained no damages can be levied. 2020 LLR 996 MADRAS HIGH COURT
Suspension should not be actuated with malafide. 2020 LLR 976 CALCUTTA HIGH COURT
A plea not taken in enquiry can''t be tenable. 2020 LLR 999 PATNA HIGH COURT
Compensation in lieu of reinstatement justified when establishment has been closed.2020 LLR 1003 MADRAS HIGH COURT
Transfer of an employee can be interfered by a Court if it is malafid.2020 LLR 985 KERALA HIGH COURT
Back wages on illegal termination are not a rule.2020 LLR 1008 JHARKHAND HIGH COURT
Industrial Adjudicator has no jurisdiction to re-assess the evidence. 2020 LLR 1018 MADHYA PRADESH HIGH COURT
Enquiry vitiated when suspension allowance is not paid. 2020 LLR 976 CALCUTTA HIGH COURT
Impersonation justified dismissal from service. 2020 LLR 999 PATNA HIGH COURT
Holding of enquiry essential on termination.2020 LLR 1003 MADRAS HIGH COURT
Reinstatement not automatic in every illegal termination. 2020 LLR 988 MADHYA PRADESH HIGH COURT
Family difficulties is no ground to stall a valid transfer. 2020 LLR 981 KERALA HIGH COURT
Interest on delayed payment of gratuity from the date of claim by an employer. 2020 LLR 991 MADHYA PRADESH HIGH COURT
Notice of enquiry can''t be challenged in High Court.2020 LLR 994 MADRAS HIGH COURT
Criminal complaint for violation of CLRA Act will not lie against a director after he has resigned. 2020 LLR 993 MADRAS HIGH COURT
Suspension of an employee to be guilty of sexual harassment untenable when made before receipt of inquiry report. 2020 LLR 980 GAUHATI HIGH COURT
Reinstatement justified on illegal termination of services. 2020 LLR 1003 MADRAS HIGH COURT
Absence of employer-employee relation would justify rejection of claim for accident compensation. 2020 LLR 1002 TRIPURA HIGH COURT
Part time safaikaramchari is also covered by Provident Funds & MP Act. 2020 LLR 1026 ALLAHABAD HIGH COURT
Failure to constitute a Trust is contravention by an exempted establishment. 2020 LLR 1030 CALCUTTA HIGH COURT
Delayed remittance of EPF dues attracts damages, interest and even prosecution. 2020 LLR 1033 JHARKHAND HIGH COURT
After remarriage of widow, child is entitled to orphan pension. 2020 LLR 1051 KERALA HIGH COURT
Appeal against levy of interest is not tenable. 2020 LLR 1054 KERALA HIGH COURT
Recovery of PF dues during pendency of appeal is not tenable. 2020 LLR 1064 MADRAS HIGH COURT
Appeal filed beyond limitation is time barred. 2020 LLR 1066 RAJASTHAN HIGH COURT
Recovery by EPF Authority is not sustainable when order u/s 7A of Act is not served. 2020 LLR 1065 MADRAS HIGH COURT
International worker not coverable beyond 58 years of his age. 2020 LLR 1023 DELHI HIGH COURT
Any person employed directly or through a contractor is an employee is to be covered under the Act. 2020 LLR 1033 JHARKHAND HIGH COURT
Pension shall be payable even beyond age of 25 years to a disabled child.2020 LLR 1051 KERALA HIGH COURT
Employees can opt to deposit higher share of contributions. 2020 LLR 1040 KERALA HIGH COURT
Imposition of damages is not mandated in each and every case of belated remittance. 2020 LLR 1041 KERALA HIGH COURT
EPF Act ensures benefits to the employees. 2020 LLR 1030 CALCUTTA HIGH COURT
Principal employer is liable to extend all statutory benefits to an employee. 2020 LLR 1033 JHARKHAND HIGH COURT
Levy of interest on delayed deposit is to compensate the employees. 2020 LLR 1037 KERALA HIGH COURT
EPF Appellate Authority is empowered to reduce damages.2020 LLR 1041 KERALA HIGH COURT
Levy of interest is automatic and absence of mens rea is no defence. 2020 LLR 1045 KERALA HIGH COURT
Transferor and transferee are jointly and severally liable for default in deposit of PF dues. 2020 LLR 1056 MADRAS HIGH COURT
Tribunal is empowered to condone delay for an extended period of 60 days for filing appeal. 2020 LLR 1061 MADRAS HIGH COURT
Limitation for filing appeal is to be counted from date of service or knowledge of order. 2020 LLR 1065 MADRAS HIGH COURT
Courts cannot amend or supplement the language of statute. 2020 LLR 1066 RAJASTHAN HIGH COURT
Transferring of an employee is a prerogative of employer. 2020 LLR 985 KERALA HIGH COURT
Mens rea is imperative on imposing damages for delayed payment of PF dues. 2020 LLR 1076 KERALA HIGH COURT
Obligation for coverage upto Rs.15,000 per month, only if the salary being paid exceeds. 2020 LLR 1072 MADRAS HIGH COURT
An ex-parte order is liable to be set aside considering the facts of the case. 2020 LLR 1086 DELHI HIGH COURT
Employer cannot restrict only to contribution alone on the arrears of wages since employees have legal right to obtain interest also. 2020 LLR 1037 KERALA HIGH COURT
Any delay in payment of contributions causes loss to beneficiaries hence no leniency for its recovery. 2020 LLR 1054 KERALA HIGH COURT
Limitation for filing appeal starts from the date on which the order was communicated to party concerned or the parties knew about pronouncement. 2020 LLR 1061 MADRAS HIGH COURT
Tribunal can waive or reduce damages for delayed deposit of PF dues with supporting reasons. 2020 LLR 1076 KERALA HIGH COURT
Absence of employer-employee relations would not justify to hold employer liable for payment of dues. 2020 LLR 1081 KARNATAKA HIGH COURT
International workers are covered in the absence of SSA between India and his country. 2020 LLR 1072MADRAS HIGH COURT
An employee is entitled to enhancement in pension in terms of Proviso to clause 11(3) of Pension Scheme. 2020 LLR 1074 MADRAS HIGH COURT
Non-submission of objection/defence by the employer due to ill health of the Managing Partner is a justified ground. 2020 LLR 1086 DELHI HIGH COURT
No employer can escape from its legal liability for payment of PF contributions. 2020 LLR 1030 CALCUTTA HIGH COURT
An international worker will be covered even when he worked for a short period. 2020 LLR 1023 DELHI HIGH COURT
For levy of interest for delayed deposit of EPF dues hence no need for establishing mens rea on the part of employer. 2020 LLR 1037 KERALA HIGH COURT
Whole salary but not Rs.15,000 per month of an international worker would attract PF contribution. 2020 LLR 1072 MADRAS HIGH COURT
No interference by High Court when Tribunal has given justifiable reasons. 2020 LLR 1041 KERALA HIGH COURT
Employer can''t escape to pay interest on delayed payment of arrears of provident fund. 2020 LLR 1045 KERALA HIGH COURT
After death of employee being member of Employees'' Pension Scheme, his widow is entitled to widow pension.2020 LLR 1051 KERALA HIGH COURT
Monthly installments can be allowed on Considering severe financial crisis being faced by the employer. 2020 LLR 1054 KERALA HIGH COURT
Transferee of an establishment with arrears of PF dues can''t escape the liability. 2020 LLR 1056 MADRAS HIGH COURT
Any order passed under the misconception is not sustainable. 2020 LLR 1064 MADRAS HIGH COURT
Courtesy Labour Law Reporter.
