REPORTED JUDGMENTS AT A GLANCE
Dismissal of a sleeping chowkidar on duty is justified. Gau. HC 1150
ESI contribution is payable on interim relief also. Supreme Court 1121
Merely common entrance of two independent establishments not to
be treated one for ESI coverage. Mad. HC 1176
An Executive supervising one shift is not a ‘workman’. Cal. HC 1135
Loss of confidence in an employee has to be pleaded/ proved for denial
of reinstatement. MP HC 1187
Conductor is not guilty for ticketless passengers travelling on bus roof. Raj. HC 1146
Legal proceedings can only be at the place of sexual harassment. Gau. HC 1148
Unexplained delay of five years for raising dispute is not justified. P&H HC 1138
Reinstatement is not a mechanical relief on all termination. P&H HC 1140
Junior Engineer granting leave and assignment is not a ‘workman’. Guj. HC 1191
No straightjacket formula for reinstatement in every illegal termination. MP HC 1187
Appropriate government is not like a post office to refer every dispute. Mad. HC 1158
No sympathy of court to an employer who delays the proceedings. Pat. HC 1153
Employees working in shops inside the hotel are not coverable under Mad. HC 1180
Compensation is appropriate for raising dispute after three years of
termination. P&H HC 1140
Interim relief to workman in a dispute for regularisation is not proper. Del. HC 1128
Writ court is not to interfere in show cause notice. Jhar. HC 1141
Employer is obliged to pay gratuity on retirement of employee. MP HC 1143
Compensation is appropriate on termination of a part-time sweeper. Del. HC 1129
Appellate authority may condone delay of 32 years, but the claim to be
decided by Controlling Authority. MP HC 1143
Termination sans retrenchment compensation is illegal. MP HC 1187
Gratuity, leave salary or pension not to be attached in a decree. Mad. HC 1178
Clubbing of two independent establishments for coverage under ESI is
not tenable. Mad. HC 1176
Strict rules of evidence are not applicable in conducting enquiries. Bom. HC 1132
TDS is not to be deducted on accident compensation. All. HC 1172
Dependents will get compensation on the death of contract workers in accident. Mad. HC 1167
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Officer conducting enquiry under section 7A acts as a court. Supreme Court 1199
Employer obliged only to contribute up to prescribed wage ceiling. Bom. HC 1201
Independent franchisees would not be units for coverage of the Act. Ker. HC 1215
Inordinate delay justifies dismissal of appeal against order under
section 7A and 14B of the Act. Cal. HC 1208
Insult of public servant is punishable offence under section 228 of IPC. Supreme Court 1199
Revocation of exemption on establishment can be on justifiable reasons. Bom. HC 1201
Attachment of bank account of employer can be lifted by the High Court. Cal. HC 1209
Applicability of the Act on establishment can’t be challenged along
with order u/s 7A. Cal. HC 1210
Excess contribution of prescribed ceiling can be reduced by
employer. Bom. HC 1201
Writ court can direct EPF authority to decide grievances within
fixed time. P&H HC 1214
Proceedings under section 7A are judicial by fiction. Supreme Court 1199
Mere application for exemption would not confirm any benefit to
establishment. Cal. HC 1210
Employees of franchises would not be treated as employees of the granter. Ker. HC 1215
Disposal of review application without hearing employer is to be set aside. Guj. HC 1224
EPF dues payable to the employees would get first priority. Supreme Court 1226
An order not challenged within prescribed limitation becomes final. Cal. HC 1210
No relief to an intentional non participator before the trial court. P&H HC 1212
Employer can opt more beneficial than EPF Scheme for employees. Bom. HC 1201
Delay of 60+60=120 days for filing appeal is not to be condoned. Cal. HC 1208
EPF Authority will pass reasoned order on review after hearing both sides. Guj. HC 1224
Interest is to be paid by the EPF on failing to refund the access amount. Bom. HC 1201
Courtesy: Labour Law Reporter
