REPORTED JUDGMENTS AT A GLANCE FEBRUARY 2020
Dismissal of a workman for misappropriation of money is justified. Supreme Court 119
One who breaches a bond has to pay damages as stipulated to serve for prescribed period. Karn. HC 155
Shouting at the woman employee by a male officer can’t be construed ‘sexual harassment’.Del. HC 169
Resignation after its valid acceptance can’t be withdrawn. Mad. HC 149
Adverse inference to be drawn if an employer does not reply to the demand notice by a workman. Del. HC 124
Misappropriation of public money is a grave misconduct. Karn. HC 164
Dismissal of workman will be set aside when enquiry violates principle of natural justice. MP HC 134
A complaint of sexual harassment in Women Cell can be transferred to the Internal Committee of employer. Bom. HC 128
Dismissal for pilferage and assaulting the checking staff is justified. Karn. HC 167 Dismissal of an employee is illegal without enquiry, if he failed to comply with a transfer order. MP HC 130
A sales promotion employee is a workman under ID Act. MP HC 130
Disciplinary proceedings can be initiated by an authority lower the status of the delinquent officer. Supreme Court 120
Abandonment can’t be presumed if no letter is written to workman for resumption of his duty. Del. HC 124
A transfer is illegal in violation of section 9A of the Industrial Disputes Act.MP HC 130
An inquiry will be fair when delinquent cross-examined the complainant. Supreme Court 122
Claim for damages is justified if the employee fails to serve in breach of undertaking. Karn. HC 155
Failure to deposit amount by the cashier of the bank will justify his termination. Karn. HC 164
Medical Representative is not a ‘workman’ under the Industrial Disputes Act. MP HC 140
Contract labour system can be abolished only on compliance of section 10(2) of the Contract Labour (R&A) Act. Karn. HC 162
Full back wages on reinstatement justified if gainful employment is not proved. MP HC 134
Merely Presiding Officer of ICC was a colleague of respondent is no ground to doubt her integrity. Del. HC 169
In banking service, honesty and integrity are important factors. Karn. HC 164
Misappropriation of money of employer is a grave and serious misconduct.Supreme Court 119
Inappropriate behaviour of a male staff with a woman will not be ‘sexual harassment’.Del. HC 169
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Order under section 7-A of the Act without a proper opportunity to the employer is liable to be set aside. P&H HC 211
EPF authority has to summon a contractor with an independent code number. Mad. HC 197
EPF Authority under Section 7-A of the Act is required to collect more evidence for proper adjudication of the dispute. Cal. HC 222
Arrest warrant against the principal employer without summoning of contractors with independent Code numbers not sustainable. Mad. HC 197
EPF authority has to dispose of objections raised by employer u/s 7-A of the Act. Ker. HC 187
EPF Authority must avoid attachment of bank accounts of the employer before disposal of objections raised by the employer. Ker. HC 189
Issuing recovery notice to a person not impleaded in section 7-A of Act is unsustainable. P&H HC 211
Principal employer liable to pay damages for delayed deposit of contractor’s money as retained for timely deposit. Guj. HC 185
An unreasoned order under section 7A of the Act is liable to be rejected. Bom. HC 177
Instead of keeping the attached amount, the beneficiaries have to be identified for making payment. Cal. HC 222
A party cannot be permitted to file the writ petition and an appeal at the same time. Pat. HC 210
EPF authority can’t attach bank account without issuing prescribed notice to the employer. Cal. HC 222
Shifting of the office cannot be the sufficient cause for condonation of delay in filing the appeal. Del. HC 175
Non-consideration of ‘excluded employees’ proves non-application of mind by the EPF authority. Bom. HC 177
Demand of EPF dues under section 7-A for the old period when the Act was not applicable, is not sustainable. Bom. HC 181
EPF Authority must dispose of the employer’s objections by passing a speaking order.Ker. HC 189
EPF Authority is under an obligation to provide certified or attested copies of records relating to the concerned employer. Mad. HC 194
An employee getting wages more than the prescribed ceiling will be excluded from coverage.Del. HC 175
Levy of damages is not justified if the financial crisis of employer is proved. Mad. HC 194
An employer is not liable to deposit EPF dues when wages were not paid during the closure period. Ori. HC 199
When the financial crisis is proved, the remittance of EPF dues in installments is justified.Mad. HC 174
For levying damages establishing mens rea on the part of the employer is an essential ingredient. Mad. HC 229
An order passed by CGIT Tribunal without territorial jurisdiction is not sustainable.MP HC 190
Condonation of delay in filing an appeal without sufficient cause can’t be allowed. Del. HC 175
Principal employer has to provide correct addresses of the contractor to the EPF Authority. Mad. HC 197
Writ petition is maintainable if the decision-making process was contrary to law. Cal. HC 222
Courtesy: Labour Law Reporter
