Reported Judgments at a glance January 2019
Dismissal of bank employee justified for consuming liquor on duty. Supreme Court 3
An embezzler does not deserve any sympathy for setting aside his termination. Ori. HC 61
Signature on resignation when admitted can’t be wriggled out. All. HC 55
House building loan cannot be recovered from gratuity despite an undertaking. Chatt. HC 65
Maternity benefit can’t be denied on third delivery. Uttr. HC 57
Reinstatement is appropriate on acquittal of worker involved in criminal case Supreme Court 2
Supervisors not entitled to overtime for additional work. Bom. HC 19
Bias of enquiry officer can be inferred if he is a friend of Factory Manager and has earlier held enquiries against workmen. P&H HC 36
Order of forfeiture of gratuity after dismissal is not sustainable. P&H HC 44
Reinstatement on illegal termination is not a rule of thumb. P&H HC 49
Termination for habitual absence without enquiry would be illegal. Del. HC 11
Gratuity can’t be denied for not vacating the quarters. Hyd HC 72
A Marketing Officer on his termination will not be a workman. Karn. HC 74
Termination of a part time sweeper working for 18 years without retrenchment compensation is illegal. P&H HC 49
Termination without seeking approval during the pendency of dispute is illegal.Del. HC 8
Non-reply of workman’s demand notice by the employer can be damaging. Del. HC 11
Adjudicator, not government, can determine the relationship of employer and employee. Mad. HC 24
A show cause notice can be a substitute for charge sheet Gau. HC 29
Termination of the workman is to be set aside if his absence was due to missing of his daughter P&H HC 46
Gratuity of an employee cannot be attached in execution of civil court order Chatt. HC 65
Termination without approval during the pendency of proceedings is to be quashed. Del. HC 8
Claim for overtime tenable only when additional work is admitted by employer. Supreme Court 1
Purpose of charge sheet is to tell about allegations to the delinquent P&H HC 36
Reinstatement of a terminated workman is untenable when not appointed under the prescribed procedure. P&H HC 42
Gratuity to be calculated even when an employee was a daily wager after his engagement. HP HC 71
Termination sans retrenchment compensation and notice will be illegal. P&H HC 49
Record if not produced in Labour Court can’t be produced in writ petition P&H HC 53
An enquiry by Tribunal can be held only when the employer has made a request. Supreme Court 3
Identification of beneficiaries is imperative before determination of EPF dues Bom. HC 81
Contractual/casual employees engaged directly or indirectly will be covered by the EPF & MP Act. Bom. HC 83
Levy of damages by a non-speaking order is to be set aside. Bom. HC 90
An employee can contribute more under pension scheme by joint request of employer. AP HC 97
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
An order under of the EPF Scheme sans hearing the parties is not tenable Karn. HC 100
Applicability of EPF&MP Act not excluded merely an establishment is under the control of State government. Pat. HC 95
An order has to be speaking one for recovery from guarantor bank of the defaulting employer. Karn. HC 104
Principal employer is duty bound to deposit contributions of the employees of the contractor. Karn. HC 106
No recovery of determined amount when EPFA Tribunal is not functional Ker. HC 108
No interim relief can be sought by filing writ petition during the pendency of the appeal before EPF Tribunal.Del. HC 78
EPF authority has to pass a reasoned order taking into consideration the entire material as provided Bom. HC 81
Levy of damages without Mens rea and opportunity for explanation is not sustainable. Cal. HC 93, Chhat. HC 114
An establishment remains coverable till it seeks exemption under the Act Pat. HC 95
Technical plea for non-compliance of para 26.6 of EPF Scheme for higher contribution is not tenable. AP HC 97
No relief can be granted for non-payment of EPF dues on the ground that no recovery has been made from the companies. Karn. HC 101
Natural justice is violated if the employer is not given an opportunity for levy of damages. Cal. HC 93
It is for EPF authority to identify beneficiaries when the record is submitted. Bom. HC 81
An exemption can be granted when the employer has a more favourable scheme Bom. HC 83
EPF authority should not attach bank account pending appeal. Jhar. HC 111
A member of the provident fund is a consumer under the Consumer Protection Act. MP HC 109
The limitation to approach the EPFA Tribunal may be reckoned by the writ court on bona fide reasons. Ker. HC 107
Relief can be granted even if the petitioner has not been able to comply with pre-deposit as directed by Tribunal. Del. HC 79
The writ petition is tenable if EPFA Tribunal not functioning Karn. HC 102
An appeal, no writ petition has to be resorted while challenging the determined amount under section 7A & B of the Act. Chhat. HC 117
An employer cannot withhold money due to EPF contributions. Cal. HC 92
Attachment of bank account of more than the determined amount is not tenable Jhar. HC 111
Services provided by EPFO are covered by the Consumer Protection Act. MP HC 109
Courtesy- Labour Law Reporter
