REPORTED JUDGMENTS AT A GLANCE July 2019
Compensation in lieu of reinstatement appropriate after 19 years of litigation. Supreme Court 709
Striking workers will not prevent ingress and egress of willing workmen and material and to remain 200 meters away from factory. Mad. HC 716
High Court can quash criminal proceedings only if there is miscarriage of justice.P&H HC 713
Workman entitled to reinstatement with back wages when his resignation was obtained forcefully.Del. HC 711
Employees of contractor will not be treated as employees of Bank.Cal. HC 718
Bonus Act not applicable on education institutions not with profits motive. Mad. HC 727
Bonus Act applicable upon a factory even run by a trust.Mad. HC 738
Compensation not payable when accident took place outside factory during lunch hours.Mad. HC 724
Adverse presumptions drawn if employer fails to produce attendance and salary registers to controvert 240 working days by a workman.Supreme Court 743
Industrial Tribunal cannot interfere in the enquiry by Internal Complaint Committee under POSH Act. Mad. HC 769
Death due to heart attack to be treated as accident for compensation when there was no ailment. Chhat. HC 745
Reinstatement not appropriate when employer offered duty to workman in written statement. Del. HC 758
Challenging of award after 4½ years not tenable in absence of any reason for delay. P&H HC 715
Police has to provide protection to employer to ensure ingress and regress of man and material by strikers. Mad. HC 716
Bank employees will be entitled to minimum wages fixed by State and not Central government. Cal. HC 718
Contractor employees to be counted for coverage of an establishment under ESI Act. Chhat. HC 719
Employer is bound to act upon the recommendations of Internal Complaint Committee under POSH Act.Mad. HC 769
Ex-parte award to be set aside only when sufficient cause is shown for non-appearance. P&H HC 764
Canteen facility not mandatory when there are less than 250 workers in a factory. Mad. HC 724
Workman to prove to have worked for 240 days in 12 months.Supreme Court 743
Misappropriation by a bus conductor justifies his dismissal from service. Karn. HC 765
Status of a ‘protected workman’ can be denied when he is facing enquiry or a criminal trial. Karn. HC 767
An enquiry under POSH Act has to be as per mechanism evolved by Supreme Court. Mad. HC 769
Reinstatement appropriate when enquiry against workman is vitiated. Supreme Court 743
Employer can produce evidence in Labour Court when enquiry is vitiated. Karn. HC 765
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
An order by RPFC based on report of Enforcement Officer is liable to be set aside. Pat. HC 787
Employee can avail higher pension even after receiving the EPF on depositing back with interest. Mad. HC 799
No fault of an employee applying for pension which was not processed by the Department. MP HC 781
An order passed by EPF authorities without identification of beneficiaries not sustainable. Pat. HC 791
Delay in releasing the EPF dues would attract interest and penal interest. MP HC 785
Attachment of bank account to remain suspended when employer participated in proceedings held ex-parte under section 7-A. All. HC 796
Failure to pay EPF contribution of employees of contractor untenable if such objections not taken initially by principal employer. Del. HC 812
Writ petition tenable against order of EPF authorities when Tribunal is not functioning. Karn. HC 810
RPFC cannot challenge his own order in the Tribunal. Karn. HC 811
Instalment for assessed damages can be allowed to an employer facing financial crisis. Mad. HC 799
Employees entitled to enhanced pension on actual salary received by EPFO. Mad. HC 799
Writ petition untenable against an order under section 7-A of the Act. Mad. HC 801
Once the principal employer signs the list of employees of contractors, he cannot say beneficiaries were not identified. Del. HC 812
No appeal tenable against levy of interest for the late payment. Mad. HC 802
An order passed by violating principles of natural justice is liable to be quashed. Mad. HC 802
Writ against order under section 7A untenable when employer failed to file an appeal before Tribunal. Mad. HC 805
RPFChas no delegated power to challenge his own order in the Tribunal. Pat. HC 786
An employee entitled for pension from the date of option. MP HC 781
EPF Authority has to settle the accounts of the member of the EPF Scheme at earliest possible. MP HC 785
Mere non-mentioning of provision of law in review petition would not be fatal. Uttr. HC 795
Once default takes place on the part of employer, EPF Authority can initiate proceedings. Del. HC 812
Levy of interest sans opportunity for hearing unsustainable. Mad. HC 802
High Court can also waive or reduce the pre-deposit necessary for admission of appeal before Tribunal. Karn. HC 810
Employer can escape liability for contribution of employees of contractor only when proper record is maintained. Del. HC 812
Levy of damages and interest not to be set aside when employer has deposited without taking any objection in initial enquiry.Del. HC 812
Courtesy Labour Law Reporter.
