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Latest Labour Law Judgments June 2018


Reported labour Judgments at a Glance – June  2018

Termination at end of probation is not punitive.  Supreme Court 579

Dismissal justified for sexual harassment and assault on a lady officer. Pat. HC 595

Employees on contract basis are also entitled to maternity leave. Ker. HC 601

Summons for appearance in court only valid when served on the named person.  All. HC 586

Termination of fixed-term employee, not retrenchment.  P&H HC 622

Contractor’s employee controlled by principal employer, doing regular jobs to be regularised. Supreme Court 612

Failure to report for duty can be construed as abandonment of job. Del. HC 628

Regularisation can’t be denied to a workman when three others were regularized. Mad. HC 637

Death by drowning of Field Officer will be ‘accident’ for compensation though away from main office but within the premises. Ker. HC 604

Dismissal from service of an employee also causes financial death to family. Karn. HC 607

Irregularities in sanction of the loan by bank employee would justify dismissal. Del. HC 616

Industrial dispute untenable when raised after abnormal delay.  P&H HC 622, Del. HC 618

No disciplinary action called for on termination of a contractual employee. P&H HC 622

Last drawn wages not payable to a reinstated workman when offered to be employed. Mad. HC 637

Compensation instead of reinstatement appropriate when not paid retrenchment compensation. P&H HC 623

No stipulation in Payment of Wages Act to deposit worker’s money in a particular bank. Ker. HC 625

Direction to pay bonus sans formula prescribed by Bonus Act is set aside. Guj. HC 650

Evidence Act is not applicable to the claim under Employees’ Compensation Act.  Gau. HC 598

Abandonment is to be presumed on Inspector’s report stating workman himself is absenting.  Del. HC 628

Canteen employees employed by Society but controlled by Port Trust will be latter’s employees.  Supreme Court 612

Employees covered under EPF & ESI by the contractor will not be employees of principal employer. Del. HC 618

Employer can lead evidence in Labour Court when enquiry as held is vitiated. Karn. HC 607

Last drawn wages during pendency in the higher court to be at current rate of minimum wages.  Mad. HC 637

Employees’ Provident Funds & MP Act

Pre-deposit not necessary on filing of appeal challenging damages. Del. HC 648

Writ petition maintainable for staying of recovery when Tribunal is not functioning. Ker.HC 658, Cal.HC 650

Levy of damages must have supporting reasons of explanation. Guj. HC 677

Opportunity must be given to employer before coverage of an establishment. All. HC 686

Failure to appear before EPF authority despite many opportunities, employer can be allowed to defend on payment of cost. P&H HC 688

No appeal lies before Tribunal against levy of interest. Ker. HC 695

Order of Tribunal supported with reasons not to be interfered by High Court. Del. HC 643

High Court not to entertain a writ petition against a notice by EPF authority. Del. HC 646

Failure to challenge the number of employees in report of Enforcement Officer can’t be questioned later on. Cal. HC 650

Levy of damages for delayed payment not justified without enquiry. Mad. HC 660

An appeal against the interlocutory order is not maintainable. Pat. HC 664

An order of damages and interest is appealable before Tribunal.  Del. HC 648

Tribunal can impose conditions while granting stay of recovery. Karn. HC 669

Liability for EPF dues can’t be warded off merely due to indebtedness. Guj. HC 677

An employer has special knowledge of number of employees. Cal. HC 650

High Court can entertain a writ against show cause notice when not issued by competent authority. Mad HC 683

Instalments for EPF dues can be allowed to an employer facing financial crises. Ker. HC 657

EPF Authority not to demand contributions upon allowance till disposal of appeals in Supreme Court. Mad HC 683

Writ against EPF authority tenable only in absence of opportunity to the employer. Ori. HC 690

Appeal filed after 60+60 days is barred by limitation. Ori. HC 690

A pensioner can modify a nomination already made. Mad. HC 659

Having deposited the damages amount as levied, writ petition not tenable. Mad. HC 662

Courtesy: Labour Law Reporter.