· Reported Labour Judgements at Glance Jan 2018
· No mercy, but sacking, for embezzlers. Bom. HC 19, Guj. HC 39, Karn. HC 51 & 52
· Director of a company not personally liable for default in remitting ESI contributions. Del. HC 58
· The loan amount cannot be adjusted against gratuity. Cal. HC 32
· Accidental physical contact would not amount to ‘sexual harassment’. Del. HC 8
· A piece-rated employee is also covered under ESI. Supreme Court 1
· Theft, while on duty, justifies dismissal from service. Supreme Court 2
· Non-issuing of tickets after receipt of fare would justify dismissal. Guj. HC 39
· Allegation of intemperate language cannot constitute sexual harassment. Ker. HC 24
· Unpaid apprentice under Apprentices Act would be entitled to accident compensation. Mad. HC 70
· An employer can’t take advantage of workman’s weak economic position under the settlement. Mad. HC 68
· Sexually determined physical contact would constitute sexual harassment. Del. HC 8
· Accident compensation payable to a workman, not to a clerk. MP HC 42
· Enquiry can be held even after the acquittal of any employee. Supreme Court 2
· Dismissal is justified for second marriage when the first marriage survives. Jhar. HC 60
· After valid enquiry, the punishment not to be interfered by the Labour Court. Supreme Court 2
· Calculation of accident compensation not to be less than minimum wages. Supreme Court 7
· Labour Court not to interfere in enquiry when admitted as proper by the workman. Guj. HC 39
· Admission of misappropriation is sufficient for dismissal. Bom. HC 19
· Show cause notice can’t be challenged in a writ petition. Uttra. HC 49
· Reinstatement is to be only in the same post as held prior to termination. Chatt. HC 36
· Contract labour can claim equal wages of one’s category from the principal employer. Del. HC 13
· Compound interest on delayed payment of gratuity only after issuing of recovery certificate. Chatt. HC 37
· The pendency of criminal trial has no bearing on disciplinary proceedings. Supreme Court 2
· Relationship of employer-employee established when the employer has admitted. Del. HC 17
· EMPLOYEES’ PROVIDENT FUNDS & MP ACT
· An order by RPFC relying upon the report of Enforcement Officer is not legal. Bom. HC 78
· Reviewing authority must hear the aggrieved party. Ker. HC 87
· An appeal before Tribunal beyond limitation not tenable. Bom. HC 76
· Transferee liable for damages for the default of delayed remittance by the transferor. Bom. HC 82
· Damages in absence of mens rea on the part of the employer are not sustainable. Chhat. HC 85
· EPF Appellate Tribunal can reduce or waive the amount of pre-deposit to any extent. Del. HC 99
· Limitation Act for condonation of delay is not applicable in delayed filing of an appeal. Ori. HC 90
· Financial crises due to labour unrest is a factor for reduction of damages for delayed deposit of PF dues. Del. HC 100
· Clubbing of units for applicability of EPF Act when there is financial integrality. Ker. HC 102
· A non-covered industry can be added to Schedule I of the Act for coverage. Ker. HC 109
· Writ petition is not maintainable if the alternative remedy of appeal is available. Ori. HC 90
· An ex-parte order is justified if a party fails to appear before EPF authority. P&H HC 97
· Only financial crisis is no ground for reduction of damages and interest on delayed deposit of EPF dues. P&H HC 95
· A factory manufacturing wooden furniture is to be covered under the Act. Ker. HC 109
· A principal employer will be liable to pay EPF contributions if contractors fail to remit. P&H HC 97
· Natural justice and equity warrant a reasonable opportunity of hearing before an adverse order is passed. Ker. HC 87
· EPF contribution is for any person on wages either, manual or otherwise, or in connection with the work of the establishment. Bom. HC 76
· EPF Tribunal can’t condone delay in filing an appeal after the expiry of the prescribed period. Bom. HC 76
· The transferee is liable for default of transferor to the extent of assets as obtained. Bom. HC 82
· Mens rea/actus reus of employer would be the determinative factor in imposing damages. Chhat. HC 85
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