Reported Labour Law Judgments at a Glance May June 2021
Money received from customer but not depositing in his account justifies dismissal of a bank employee. 2021 LLR 474 CALCUTTA HIGH COURT
Back wages are not automatic on setting aside of termination. 2021 LLR 479 CALCUTTA HIGH COURT
A civil suit against a Trade Union is untenable. 2021 LLR 546 MADRAS HIGH COURT
A person employed under a scheme will continue till its conclusion. 2021 LLR 565 DELHI HIGH COURT
An embezzler does not deserve any sympathy as it is loss to the confidence of management. 2021 LLR 528 KARNATAKA HIGH COURT
Termination, not retrenchment, when appointment is renewed from time to time. 2021 LLR 489 GUJARAT High COURT
An agreement contrary to law is not valid. 2021 LLR 549 BOMBAY HIGH COURT
Gratuity is to be released by the employer within 30 days. 2021 LLR 552 KERALA HIGH COURT
New contractor is obliged to engage the workers of outgoing contractor. 2021 LLR 565 DELHI HIGH COURT
An order delivered at wrong address will be non-communication. 2021 LLR 553 MADRAS HIGH COURT
No automatic absorption of contract labour on its prohibition. 2021 LLR 565 DELHI HIGH COURT
A club is not covered under writ jurisdiction. 2021 LLR 585 DELHI HIGH COURT
Dismissal of driver shockingly disproportionate when accident is due to contributory negligence. 2021 LLR 559 MADRAS HIGH COURT
Once a dispute has been settled before the court, it cannot be reopened. 2021 LLR 562 KARNATKA HIGH COURT
Gratuity cannot be attached. 2021 LLR 473 ALLAHABAD HIGH COURT
Termination not valid of principle of ''first come, last go'' if not followed on retrenchment. 2021 LLR 491 GUJARAT HIGH COURT
An independent issue must be framed for deciding back wages. 2021 LLR 479 CALCUTTA HIGH COURT
An employee is not a workman if his work is managerial or of supervisory nature. 2021 LLR 489 GUJARAT High COURT
Dismissal when set aside, workman shall be entitled to reinstatement with back wages. 2021 LLR 499 KARNATAKA HIGH COURT
Tribunal can permit to adduce evidence if domestic enquiry was defective. 2021 LLR 523 RAJASTHAN HIGH COURT
An enquiry is vitiated when held in violation of natural justice. 2021 LLR 479 CALCUTTA HIGH COURT
Non-issuance of tickets to 22 passengers due to rush of passengers is a lame excuse by conductor. 2021 LLR 528 KARNATAKA HIGH COURT
Apprehended termination of services cannot be challenged by filing of writ petition. 2021 LLR 533 KERALA HIGH COURT
Dismissal is justified if charges of misappropriation proved in enquiry. 2021 LLR 528 KARNATAKA HIGH COURT
Receiving salary and pension are fundamental right of an employee. 2021 LLR 525 DELHI HIGH COURT
Writ Court not to interfere in award of Labour Court unless the same is perverse. 2021 LLR 510 MADRAS HIGH COURT
For back wages, the workman is to prove that he remained unemployed throughout. 2021 LLR 479 CALCUTTA HIGH COURT
Strict compliance of Evidence Act not required in disciplinary proceedings. 2021 LLR 474 CALCUTTA HIGH COURT
Verification of tickets from passengers and shortage of amount with conductor is sufficient evidence for embezzlement. 2021 LLR 528 KARNATAKA HIGH COURT
Appeal against the order of Employees Insurance Court is maintainable only on question of law. 2021 LLR 539 MADRAS HIGH COURT
Accident compensation payable when death is proved during employment. 2021 LLR 540 ORISSA HIGH COURT
Natural justice duly applied when the delinquent was given proper opportunity of hearing. 2021 LLR 474 CALCUTTA HIGH COURT
Dismissal of an employee during pendency of industrial dispute would be in violation of law. 2021 LLR 533 KERALA HIGH COURT
Cook working in hostel of university is a worker covered under Employees'' Compensation Act. 2021 LLR 543 ORISSA HIGH COURT
Limitation for appeal start from actual date of delivery of order. 2021 LLR 553 MADRAS HIGH COURT
Prohibition of contract labour in an establishment is to be decided by the Advisory Board. 2021 LLR 585 DELHI HIGH COURT
Mere oral evidence not sufficient for awarding back wages. 2021 LLR 555 CALCUTTA HIGH COURT
Non-examination of a passenger is not fatal when conductor was charged with misappropriation. 2021 LLR 528 KARNATAKA HIGH COURT
Notification under Disaster Management Act imposing statutory obligation for wages to workers was withdrawn on 18.05.2020. 2021 LLR 585 DELHI HIGH COURT
Employees Provident Fund Act
An employer is not liable to remit EPF contributions if the Act is not applicable. 2021 LLR 625 KARNATAKA HIGH COURT
A plea not taken in initial pleadings cannot be accepted in writ petition. 2021 LLR 620 CALCUTTA HIGH COURT
Apprentices being paid of basic, and dearness pay etc. will be covered under the Act. 2021 LLR 630 MADRAS HIGH COURT
Filing appeal against order passed by EPF Authority under section 7-A is 60 days from the date of knowledge of the order. 2021 LLR 633 MADRAS HIGH COURT
Financial constraints or delayed remittance are not sufficient causes to reduce damages reasonably. 2021 LLR 634 MADRAS HIGH COURT
Show cause notice to the employer pending disposal of review application is contrary to law. 2021 LLR 640 TELANGANA HIGH COURT
The EPF Authority has to pass an order after considering all documents by the parties. 2021 LLR 641TELANGANA HIGH COURT
There is no provision in law for filing of review petition against the interlocutory order. 2021 LLR 643KERALA HIGH COURT
No party can make a new case by taking a new ground in a supplementary affidavit. 2021 LLR 620CALCUTTA HIGH COURT
Attachment of bank account of the appellant during pendency of appeal is not sustainable. 2021 LLR 633MADRAS HIGH COURT
CBT is empowered to reduce or waive off damages. 2021 LLR 657 MADRAS HIGH COURT
Interim relief is appropriate when the petitioner has offered to deposit 50% of EPF dues. 2021 LLR 662 MADHYA PRADESH HIGH COURT
Damages for delayed deposit of EPF dues can be waived for a sick establishment. 2021 LLR 657 MADRAS HIGH COURT
Ordinarily, parties are not permitted to travel beyond pleadings. 2021 LLR 620 CALCUTTA HIGH COURT
Prosecution of an employer without deciding applicability of the Act upon the establishment is bad in law. 2021 LLR 625 KARNATAKA HIGH COURT
Limitation for filing appeal against order passed by EPF Authority is maximum 60+60=120 days. 2021 LLR 633 MADRAS HIGH COURT
Tribunal is empowered to waive or reduce damages subject to sufficient cause. 2021 LLR 634 MADRAS HIGH COURT
Pre-deposit amount for appeal can be even in installments. 2021 LLR 670 BOMBAY HIGH COURT
Errors of fact cannot be corrected in a writ. 2021 LLR 644 ALLAHABAD HIGH COURT
Parties should not suffer for the non-appearance of their lawyers. 2021 LLR 664 DELHI HIGH COURT
Writ Court will not review findings of facts recorded by Tribunal. 2021 LLR 620 CALCUTTA HIGH COURT
Effecting sale of immovable property for recovery of EPF dues is not function of the Writ Court. 2021 LLR 622 CALCUTTA HIGH COURT
The EPF&MP Act is not applicable if number of employees is less than 20. 2021 LLR 625 KARNATAKA HIGH COURT
Jurisdiction of High Court is couched in wide terms and exercise is not subject to restriction. 2021 LLR 644 ALLAHABAD HIGH COURT
Law of limitation is not meant to destroy the rights of the parties. 2021 LLR 664 DELHI HIGH COURT
Scope for interference in a review is very narrow. 2021 LLR 620 CALCUTTA HIGH COURT
To attract penal provisions, prosecution has to establish commission of offence. 2021 LLR 625KARNATAKA HIGH COURT
Writ Court not to entertain a petition where alternate remedy is provided. 2021 LLR 644 ALLAHABAD HIGH COURT
An order passed by the EPF Authority without application of mind is liable to be set aside. 2021 LLR 641TELANGANA HIGH COURT
EPF Authority is to dispose of review application after opportunity of hearing to employer. 2021 LLR 640TELANGANA HIGH COURT
Writ Petition against the orders passed by EPF Authority is not maintainable. 2021 LLR 642 UTTARAKHAND HIGH COURT
On account of financial crisis being faced by the petitioner, the amount may be deposited in two equal monthly instalments. 2021 LLR 643 KERALA HIGH COURT
Writ Court has no jurisdiction to condone the delay or to extend the period of limitation. 2021 LLR 636 RAJASTHAN HIGH COURT
For condonation of delay, the Courts should adopt pragmatic approach. 2021 LLR 664 DELHI HIGH COURT
Personal hearing of employer is imperative before levy of damages. 2021 LLR 657 MADRAS HIGH COURT
Prior notification 01.08.1982 the EPF Act was not applicable to educational institutions. 2021 LLR 625 KARNATAKA HIGH COURT
Condonation of delay for appeal, against order passed by EPF Authority, cannot be beyond 60 days. 2021 LLR 636 RAJASTHAN HIGH COURT
EPF Appellate Tribunal when not functioning, High Court may interfere with the orders by EPF Authority. 2021 LLR 671 BOMBAY HIGH COURT
An employer appearing before the EPF Authority cannot alleged in violation of natural justice. 2021 LLR 673 KERALA HIGH COURT
Courtesy Labour Law Reporter
