REPORTED JUDGMENTS AT A GLANCE March 2018
· Acceptance of resignation despite its withdrawal by employee is not legal. All. HC 259
· Dismissal of a hospital employee for slapping the doctor is justified. Guj. HC 275
· Formation of charitable trust and exemption under Income Tax Act are not sufficient to treat it charitable establishment under Bonus Act. Del. HC 285
· Gratuity cannot be adjusted against loan despite employee’s undertaking. Cal. HC 307
· Termination for suppression of criminal case for getting job without enquiry is invalid. MP HC 273
· Reinstatement is not a thumb rule when termination is set aside. Supreme Court 225
· Resignation by an employee with option either to face police case for misappropriation or resign not to be treated under duress. Gau. HC 269
· Labour Court is not to interfere in dismissal for grave misconduct. Guj. HC 275
· Non appearance of a person who endorsed the list of employees by ESI authority would establish its authenticity. Bom. HC 240
· Death of an employee due to heart attack due to work stress will be an employment accident. All. HC 257
· Use of LPG gas or electricity for manufacturing would justify applicability of ESI Act. Bom. HC 240
· Group Sales Manager is not a “workman” under the I.D. Act. Mad. HC 315
· A daily wager has no right to hold the post for continuation. P&H HC 253
· Compensation Commissioner is empowered to award more than as claimed. Bom. HC 247
· Presenting Officer in enquiry cannot be an independent witness. Del. HC 231
· Termination of a confirmed workman without enquiry is not legal. MP HC 273
· ESIC will reimburse expenditure for treatment in absence of such facility with ESI. Ker. HC 264
· 240 days working is established when employer fails to provide attendance record. Uttr. HC 302
· Travelling expenses paid for performing duties not wages for ESI contribution. Ker. HC 261
· Adjudicator has to decide a reference but cannot question its maintainability. HP HC 306
· Exemption under Bonus Act is available only for non-profit establishments. Del. HC 285
· Back-wages on reinstatement only when no gainful employment during interregnum. Del. HC 234
· High Court will not entertain writ petition against an interim order of Labour Court. Hyd. HC 249
· Strike illegal when resorted immediately after settlement. Karn. HC 316
· Enquiry officer is not impartial behaving rudely with female employee. Del. HC 231
· Earning for mere survival will not be ‘gainful employment’. Del. HC 228
· Hospital charging from patients cannot be a charitable for exemption under Bonus Act Del. HC 285
· Internal Complaint Committed under Posh Act is empowered to grant interim relief. Del. HC 236
· Seeking direction in a writ for representation by co-worker in enquiry will not be entertained. Mad. HC 313
· Limited power is vested in the Labour Court to interfere with the punishment. Guj. HC 275
· EMPLOYEES’ PROVIDENT FUNDS & MP ACT
· A defaulting employer does not deserve sympathy under EPF & MP Act. P&H HC 326
· A Director can escape liability for EPF arrears if he is not the in-charge of establishment. Ker. HC 327
· Appeal against show cause notice for recovery not tenable before EPFA Tribunal. Mad. HC 337
· An employer cannot escape from applicability of Act unless EO’s report is rebutted. Pat. HC 331
· Request for production of record before EPF Tribunal may be allowed on payment of cost. P&H HC 326
· EPF Tribunal is not empowered to condone delay in filing appeal after 60+60 days. Cal. HC 334
· Pleas not taken before the EPF Authority cannot be taken before the Writ Court. Cal. HC 334
· An employee can’t be treated as canteen contractor when not so stated at initial stage of enquiry for coverage. P&H HC 338
· If an employee deposits up to salary ceiling will entitled to pension on actual salary. MP HC 328
· Employer cannot escape liability for damages for the period after the stay was vacated. Ker. HC 335
· Failure to contribute for 10 years, an employee will not be entitled to pension. P&H HC 339
· Higher pension available when an employee is depositing additional amount. MP HC 328
· Principal employer can’t escape liability for the defaulting contractor. P&H HC 341
· Damages for delayed payment of EPF dues not tenable if there was stay order. Ker. HC 335
· Recovery of PF of dues when not made from transferor, the EPFO would proceed against transferee of establishment. Ker. HC 336
· Damages and cost of recovery will be payable by the defaulter of dues. Mad. HC 337
· An affidavit can’t be a substitute for agreement between employer and contractor. P&H HC 338
· Neither pension nor any other PF dues can be claimed under section 33-C(2) of the ID Act. P&H HC 339
The employees of contractor will be entitled to be member of the provident fund working in the covered establishment. P&H HC 341
Courtesy Labour Law Reporter
