REPORTED JUDGMENTS AT A GLANCE MAY 2019
Courts don’t interfere in transfer of employees unless mala fide. MP HC 489
Termination of an employee merely for involvement in a criminal case not justifiable. Supreme Court 473
No back wages on reinstatement on acquittal of an embezzler. Supreme Court 473
Prosecution for violation of Contract Labour (R&A) Act to be quashed if company is not impleaded with accused. Mad. HC 535
Government can conciliate for settlement not adjudicata an industrial dispute. Pat. HC 495
Termination to be set aside when inquiry is vitiated. Del. HC 476
Acceptance of resignation with immediate effect valid on written request of an employee. P&H HC 512
Factors for determination relationship employer and employee clarified by the Supreme Court. Supreme Court 515
Dismissal not the termination may have serious implications including denial of gratuity and debarring future employment. Bom. HC 487
On reinstatement, the same and not different job is to be given to the workman. Del. HC 485
Initial burden is on employer as to whether an employee is a ‘workman’ or not. Karn. HC 498
Only Industrial Tribunal can determine whether a contract between principal employer and contractor is sham or not. Karn. HC 503
Findings of Labour Court on punishment as shockingly disproportionate not to be interfered by High Court. All. HC 522
Transfer of a transferable employee not punishment. MP HC 489
Industrial Tribunal cannot examine validity of reference. MP HC 491, Karn. HC 498
Industrial adjudicator is empowered to modify punishment of dismissal or discharge. All. HC 522
Enquiry not provided with enquiry report inviting objections. P&H HC 506
Employees appointed by contractor receiving wages from him cannot claim to be worker of principal employer. Supreme Court 515
Claim for minimum wages tenable by authority under the Act and not High Court. HP HC 496
Whether an employee is a workman not to be decided as preliminary issue. Karn. HC 498
Plea of interim relief can be decided as preliminary issue. Karn. HC 498
Plea of interim relief can be decided as preliminary issue. Karn. HC 498
Enquiry to be vitiated if relevant documents not provided and defence evidence was not recorded.Del. HC 476
Ex-parte proceedings to be set aside in absence of proper service of summons for appearance. P&H HC 513
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Supreme Court clears the path for pension to rise manifold for employees in all firms. Ker. HC 558
EPF authority must pass a speaking order under section 7A of the Act. Pat. HC 552
Recoveries of determined amount not to be made within the period prescribed for filing appeal in Tribunal. P&H HC 557
High Court can restrain EPF Authority not to take coercive action till the decision of enquiry. Ker. HC 583
There is no limit for upper age for coverage of an employee under the Act. Supreme Court 539
Three companies running one premises rightly club for coverage under the Act. P&H HC 572
Tribunal can extend only 60 days for filing appeal. P&H HC 572
Recovery untenable in the absence of determination of dues under section 7A of the Act. Jhar. HC 576
Capping of salary at Rs.15,000 for quantifying pension is absolutely unrealistic. Ker. HC 558
Review petition untenable in the absence of any fault in the order. MP HC 551
Only after withdrawal of PF dues on retirement a member becomes an excluded employee. Supreme Court 539
An employer has a right to cross examine department witness while inspected the establishment. Mad. HC 586
Legal heirs liable to pay outstanding EPF dues of defaulting employer. Jhar. HC 582
Appeal not writ petition tenable challenging order by EPF Authority. Ker. HC 553, 584
Provident Fund Act safeguards the future and financial security of workers. Supreme Court 539
Supreme Court rejects EPFO plea against Kerala High Court verdict for higher pension.Ker. HC 558
Damages to be levied only after affording opportunity for hearing of employer. Jhar. HC 576
Banker being secured creditor must pay dues payable by the defaulting employer. Del. HC 575
EPF dues recoverable from the date when the Act became applicable. P&H HC 572
For quantification of pension 12 months instead of 60 month pay would be relevant. Ker. HC 558
Cooperative societies covered under the Act only employing 50 or more employees. Ker. HC 554
Limitation Act is not applicable in filing of appeal in Tribunal.P&H HC 572
Courtesy: Labour Law Reporter
