REPORTED JUDGMENTS AT A GLANCE June 2019
Minimum wages can be segregated in allowances. Supreme Court 591
A housing society is not covered under Industrial Disputes Act. Bom. HC 601
If prescribed hours of work are reduced to 7-1/2 hours a day, no claim for overtime payment is permissible for working upto 8 hours.Mad. HC 621
Habitual absence and disobedience will justify dismissal from service.P&H HC 616
Abandonment to be proved by attendance records and efforts by employer for calling workman to resume duty. P&H HC 617
Automatic promotion of an unskilled to semi skilled worker is to be rejected. Supreme Court 591
A complaint for changing department is not to be treated as a complaint of sexual harassment. Karn. HC 615
Minimum bonus is payable even on losses after 6 years. J&K HC 622
An order passed without considering the documents, is not sustainable. Chht. HC 607
Non-supply of copy of complaint of sexual harassment not fatal if the accused has admitted guilt. Karn. HC 609
Trainees cannot be included in fixation of minimum wages. Supreme Court 591
Adverse inference can be drawn when employer fails to produce the record of attendance and wages. P&H HC 617
Non-supply of complaint and opportunity for filing response by ICC under POSH Act would dehors the proceedings. Karn. HC 609
Moral turpitude for forfeiture of gratuity will depend upon outcome of criminal proceeding. Del. HC 598
Bonus Act applies upon establishment engaged in plying commercial vehicles. J&K HC 622
Non-payment of retrenchment compensation at termination justifies reinstatement with full back wages. P&H HC 617
Pendency of dispute can’t be construed for recovery proceeding under section 33C(2) of the ID Act. Pat. HC 605
An order of ICC under POSH Act cannot be interferred when there is no infirmity. Karn. HC 613
Gratuity may be forfeited on termination only to the extent of damage caused by those irregularities. Del. HC 598
Findings of Labour Court in an Award if contrary to facts need fresh consideration. P&H HC 604
An action cannot be invalidated merely on technical infringement of principles of natural justice. Karn. HC 609
Initial burden to prove service for 240 days is upon the workman. P&H HC 617
When the claim of overtime is a disputed it falls under section 33-C(2) of the Act. Mad. HC 621
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
An order passed by EPF Authority without identification of beneficiaries, is not sustainable. Bom. HC 655
No pre-deposit on appeal is necessary on challenging levy of damages for delayed deposit. Karn. HC 688
Signing a list of 20 employees and filling coverage pro-forma for provident fund cannot be wriggled out by the Principal of school Pat. HC 676
Non-consideration of mens rea on levy of damages for delayed payment not proper. Mad. HC 670, 671
An establishment once covered under the Act remain so even when the number of employees is reduced. Pat. HC 674, Mad. HC 685
Authority under section 7A is vested with the power of Civil Court. Guj. HC 657
Partners responsible for conducting business may face criminal prosecution for non-filing of mandatory returns. P&H HC 678
Cancellation of exempted trust can’t be complained when no employee remains. Cal. HC 656
Apprentices not under Apprentices Act are to be covered under the Act. Mad. HC 683
Appeal in Tribunal to be filed within 60 days from date / knowledge of order. Mad. HC 667
An order by EPF authority without supplying copy of report to employer is untenable. Mad. HC 666
Condonation beyond prescribed period of limitation can be allowed by the High Court. Bom. HC 651
Pre-deposit of 75% of amount on appeal can be permitted by installments. Ker. HC 660
Employees’ working at home are also to be covered under the Act. All. HC 704
12% interest payable on delay to pay pension. Mad. HC 698
Condition for total pre-deposit for admission on appeal can’t be waived. Raj. HC 702
Determination of dues will be made on the materials available on record. Pat. HC 674, Mad. HC 685
Any order by judicial authority without giving reasons, is not sustainable. Bom. HC 654
For identification of beneficiaries, the EPF Authority has to summon the employees. Bom. HC 655
Show cause notice can’t be challenged in writ petition. Guj. HC 657
Tribunal can’t condone delay of filing appeal beyond 60 days. Mad. HC 667
An order sans finding of mens rea not tenable. Mad. HC 670, 671
Allowing perusal of report by employer during enquiry proceedings is violative of natural justice. Mad. HC 666
EPF Authority can summon the records of employer for identification of beneficiaries. Bom. HC 655
An ex-parte order justified on failure of employer despite repeated opportunities. Pat. HC 676
Failure to state father’s name of employees can’t be ignored for coverage. Pat. HC 676
Amendment in memo of appeal is permissible if it does not change nature of appeal. Bom. HC 689
Appeal, not Writ Petition is tenable to challenge order of EPF Authority. Cal. HC 697, Jhar. HC 692
Courtesy- Labour Law Reporter
