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Latest Labour Law Judgments May 2018

·        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


·         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