Reported labour Judgments at a Glance – July 2018
A worker of contractor cannot seek reinstatement from principal employer. All. HC 758
Non compliance of transfer order justifies termination. HP HC 727
Termination sans enquiry even for misappropriation is not legal. P&H HC 729
Hurling of filthy abusive language at a senior officer justifies dismissal. Bom. HC 764
Murder of worker near his residence after duty is an ‘accident’ for compensation. Del. HC 708
Holding of enquiry is not necessary on admission of misconduct. HP HC 727
Execution of receipt of legal dues debars an employee to make any claim. Raj. HC 750
‘No work no wages’ applies on not reporting at transferred place. Mad. HC 752
Dismissal of workman abusing his senior after holding enquiry would be justified Bom. HC 764
Bank Manager is to ensure verification of borrowers of loan. Gau. HC 724
Objection on language is not sustainable when worker is represented by an Advocate Bom. HC 764
Termination without enquiry is violation of natural justice P&H HC 729
Non-verification of the borrowers by Bank officer is a serious misconduct Gau. HC 724
Silence about any document or FIR by way of cogent evidence would be deemed admission of the contents Del. HC 708
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PP&R) ACT
ICC must ensure fair trial of alleged predator. Del. HC 697
An aggrieved woman need not file complaint in person. Raj. HC 732
Enquiry is invalid when external member is not qualified. Del. HC 697
Cognizance can be taken by ICC on recording statement of victim Raj. HC 732
Appointment of senior level women officer of chairman of ICC is not illegal Raj. HC 732
Employers, courts and society must root out misbehavior with any woman Del. HC 697
For a member of ICC legal background is not necessary Raj. HC 732
Any two employees committed to women’s cause can be member of ICC. Raj. HC 732
Merely registration of FIR in Gurgaon will not exclude Delhi jurisdiction Del. HC 697
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
EPF Appellate Tribunal is empowered to pass a conditional order of stay Del. HC 791
No appeal lies against levy of interest for delayed deposit of EPF dues Del. HC 791; Del. HC 800
Composite order of interest and damages for delayed deposit is appealable Del. HC 791
Employer can’t be held liable for delay due to bank or postal department Del. HC 793
Composite order passed under section 14-B and 7-Q of Act is appealable Del. HC 799
Ex-parte order is justified on non-participation by employer P&H HC 802
An appeal is untenable when employer did not reply to show cause notice P&H HC 805
High Court can stay the recovery of EPF dues when Tribunal is not functioning Mad. HC 810
Tribunal is empowered to reduce deposit of 75% of the determined amount All. HC 813
A point of law can be taken in higher court for the first time Cal. HC 784
Reduction of pre deposit amount is not bad even if appellant did not state financial difficulty to deposit All. HC 813
Appeal filed beyond prescribed limitation not tenable Mad. HC 810
Levy of damages for delayed deposit of EPF dues is mandatory P&H HC 805
Employer must deposit EPF dues on allotment of code number P&H HC 802
Passing of order by Tribunal on covering letter of EPF authority is not legal P&H HC 802
Pendency of writ petition can be a ground for extension of time for appeal Mad. HC 810
Mere pendency of appeal does not prohibit EPF to recover determined amount Del. HC 811
An Order passed by Tribunal beyond jurisdiction is untenable P&H HC 802
Reasons must be given for rejecting waiver for deduction of pre-deposit on admission of appeal All. HC 813
Exempted establishment can’t be brought within ambit of Act by notification Cal. HC 784
Pre-deposit not necessary on appeal in Composite order is for interest and damages Del. HC 791
No damages for delayed deposit can be levied when dues were timely deposited Del. HC 793
Principle of mens rea would not be attracted if the explanation to show cause notice is not submitted P&H HC 805
Courtesy - Labour Law Reporter
