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Latest Labour Law Judgments July 2018

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


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


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