REPORTED JUDGMENTS AT A GLANCE February 2018
· No mercy for a disruption of peace and harmony in the establishment. Karn HC 175
· A witness cannot be an impartial enquiry officer. All HC 143
· No union can claim to be the sole bargaining agency with the employer. Mad HC 167
· Supreme Court would rarely interfere with the award of Industrial Tribunal. Supreme Court 159
· Dismissal justified when employment obtained by fabricated documents. Supreme Court 164
· Dismissal justified for assaulting co-workers and lodging false police complaint against employer. Karn HC 175
· Loss of earning capacity vis-a-vis physical disability has no co-relation to accident compensation. Supreme Court 118
· Nature of duties not designation determines if employee is a 'workman' or not. Cal HC 137
· Civil Court cannot grant reinstatement on wrongful termination. Del HC 126
· It is for the management to produce evidence in the enquiry. All HC 143
· Principal employer has to ensure deposit of ESI contribution by contractor. Supreme Court 119
· Onus to prove 240 days working is on the employee. MP HC 150
· Settlement between 'workmen' and employer cannot override statutory provisions. Bom HC 128
· In absence of proof the plea of closure of establishment is not tenable. Del HC 125
· Dismissal unjustified when documents not provided to charge sheeted employees. All HC 143
· High Court not to entertain a reference of a dispute made for adjudication. Del HC 166
· Piece rated workers are also covered under ESL Supreme Court 119
· When enquiry is vitiated, the employer can seek permission for fresh enquiry. Ker HC 135
· Only a 'workman' is entitled to protections under Industrial Disputes Act. Cal HC 137
· Associate professor in an educational institution is entitled to gratuity. Ker HC 132
· Termination of contractual services alter fixed period is not illegal. Pat HC 140
· Ex.parte enquiry only when the delinquent tails to participate. All HC 143,
· Non-payment of retrenchment compensation will render termination as illegal. Cal HC 137
· Interpretation of ESI Act should tilt in favour of employees. Mad HC 147
· Employer himself need not be the member of the Minimum Wages Committee. Supreme Court 113
· Limitation Act is not applicable to proceedings under ID Act. MP HC 150
· Monetary relief on setting aside termination of workman depends upon financial position of the employer and length of the service. Supreme Court 159
· Forming trade union is a fundamental right. Mad HC 167
· Minimum wage can be fixed as per mechanism provided under Minimum Wages Act. Ker HC 169
· Compensation Commissioner can recover compensation like land revenue Del HC 179
EMPLOYEES' PROVIDENT FUNDS & MP ACT
· EPF & MP Act will continue to apply even when number of employees reduces below 20. Del HC 202
· No appeal tenable before EPF Tribunal alter 120 days. Pat HC 187
· Waiver/reduction of damages for financial difficulties is not tenable Guj HC 197
· One of the two possible interpretation of the EPF&MP Act would tilt towards workers. Del HC 202
· No relief to employer delaying deposit of contributions. Del HC 181.
· EPF Act will be applicable upon library employing 20 employees. Del HC 202
· Educational society funded by foreign donation is exempted from the EPF Act. HP HC 192
· Condo nation of delay in filing of appeal only when there is sufficient cause. Ori HC 215
· Writ Court not to consider material not submitted before Appellate Authority. HP HC 192
· Non compliance of depositing determined amount would justly dismissal appeal. Del HC 181
· Provident fund is for the welfare of the weaker section of the society. Del HC 202
· Limitation Act is not applicable for condonation of delay on filing of appeal. Pat HC 187
· Supporting proof for financial crises will considered for reduction or waiver of damages Guj HC 197
· No justification paying interest by EPFO lesser than the statutory rates. Pat HC 200
· Levy of damages in the absence of sufficient evidence Is not sustainable. Guj HC 197
· A society running library and charging fees from members is covered under the Act. Del HC 202
· Limitation Act provides relief on selection of mistaken forum for remedy. Ori HC 215
· Non-profit organizations are also covered under the EPF Act. Del HC 202
· Pendency of writ petition would justify delayed filing of appeal. Ori HC 215
Courtesy: Labour Law Reporter
