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Latest Labour Law Judgments 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


·         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