· Reported labour Judgments at a Glance – May 2018
Striking workmen restrained from staging dharna, demonstration etc. within 500 meters of the site of employer. HP HC 535
· Mere gate passes not sufficient for treating contractor’s workers as employee of principal employer. Pat. HC 488
· Not challenging transfer initially is untenable. Bom. HC 465
· Conducting inquiry under POSH Act 500 miles away not proper. Mad. HC 477
· Removal from service justified on unauthroised occupation of employers’ quarters. Ker. HC 528
· Punishment not to be reduced when past conduct is stigmatic. Karn. HC 496
· Absence of registration and license under CLRA Act will not entitle contract workers to be employee of principal employer.Pat. HC 488
· Enquiry findings not to be interfered when based on natural justice Supreme Court 513
· Non-submission of preparation form and returns are punishable under ESI Act. Mad. HC 495
· Gratuity payable for 22 years being on daily wages 3 years prior to regularisation. Supreme Court 461
· Abandonment can be presumed for long absence without intimation. P&H HC 493
· Death due to heart attack while on duty, not always an ‘accident’ for compensation. Del. HC 464
· For challenging VRS after accepting benefit, the whole amount is to be returned. Karn. HC 500
· Once the manufacturing process starts, BOCW Act ceases to apply. Chhat. HC 518
· Mere long service on daily wages would not justify regularisation. Guj. HC 542
· Transfer may stay only when it is motivated to victimise the workman. Bom. HC 465
· Right to strike work is not absolute under Industrial Disputes Act. HP HC 535
· Suffering from Asthma and Hypertension not sufficient to stall transfer. Bom. HC 465
· Dismissal justified for pilferage and causing loss to the management. Karn. HC 496
· Vague complaint under POSH Act is not tenable. Del. HC 472
· Internal Committee can extend the delay of complaint by recording reasons. Del. HC 472
· Reinstatement after 27 years of litigation is not an appropriate relief. Guj. HC 531
· Reinstatement justified when employer fails to seek permission of approval under an industrial dispute. Karn. HC 540
· Dismissal for unauthorised absence set aside when the workman suffered grievous injuries and was hospitalised. Mad. HC 546
· Biased member not to be on Internal Committee. Del. HC 472
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
· Pre-deposit condition for filing appeal not applicable when it pertains to levy of damages. Del. HC 549
· Attachment of bank account on non-payment of determined dues before 60 days is illegal.Mad. HC 563
· Burden to prove number of employees is upon employer and not EPF authority. Pat. HC 567
· Financial crises of employer may justify installments of payment of EPF dues. Mad. HC 564
· Writ petition tenable when post of Tribunal is lying vacant. Mad. HC 563
· A composite order under section 7-A and 7-Q of the Act is appealable under the Act. Del. HC 549
· Before effecting arrest of the employer, his movable and immovable properties be attached and sold. Cal. HC 575
· Issuing certificate of recovery prior to attachment of bank account is not mandatory. Bom. HC 552
· Mere pendency of proceedings with BIFR not sufficient for recovery of EPF dues. Pat. HC 564
· No appeal lies against levy of interest for delayed deposit of EPF dues. Del. HC 549
· Payment of EPF dues in monthly installments can be directed. Ker. HC 554
· After coverage, employer cannot contend that in separate entities employees were less than 20. Mad. HC 555
· Belated action by EPF Authority in recovering the EPF dues is not illegal. Pat. HC 564
· Pension is a legally vested right which cannot be taken away. Raj. HC 570
· Failure of employer to respond to notice by EPF justifies presumption of non-cooperation. Pat. HC 567
· Illegal withholding of pension will be payable with interest @ 8.5% per annum. Raj. HC 570
· Employer is liable to pay damages with interest upon the delayed payment. Pat. HC 564
· Appropriate authority under the Act is Director for payment of EPF dues. Karn. HC 577
· An appeal before Tribunal after expiry of prescribed limitation is not sustainable. Karn. HC 576
· Writ petition/appeal is not maintainable only if no legal right has been encroached. Ker. HC 578
· EPF Authority can recover dues in the absence of stay order.Pat. HC 564
Courtesy: Labour Law Reporter
