REPORTED JUDGMENTS AT A GLANCE Nov 2018
Customary bonus paid in past at the discretion of employer can’t be claimed as a right. Karn. HC 1194
Absence though repeated but not intentional would not justify dismissal from service. Mad. HC 1192
No regularization of a trainee engaged for one year only. Bom. HC 1204
Engaging daily wager for 10 year would amount to unfair labour practice. Del. HC 1176
Extending threats and beating an employee with stones would justify dismissal of workman. HP HC 1212
Approval for dismissal rightly declined in the absence of one month salary in lieu of notice to the concerned workman. Mad. HC 1218
Reinstatement is a rule on illegal termination but not with full back wages. Supreme Court 1167, 1169; Pat. HC 1221
Plea of ‘protected workman’ not tenable when not proved by union that he was office bearer. HP HC 1212
Abandonment of job appropriate when workman remained absent for 4 years and did not work 240 days in the preceding 12 months. P&H HC 1226
Non-production of record by employer would justify 240 days working of a workman. P&H HC 1229
Habitual absence when not proved, lenient punishment other than dismissal would be proper. Mad. HC 1192
Delay for filing appeal can’t be condoned beyond 60+60 days.Cal. HC 1208
Directing principal employer not to terminate workers of contractors during pendency of dispute not proper. Bom. HC 1201
Termination sans retrenchment compensation of a workman with 240 days service is illegal. Supreme Court 1167, 1169; Del. HC 1176
Abandonment, when not proved, reinstatement with back wages held to be proper. Del. HC 1171
Regularization appropriate on wrongful termination of an employee with 10 years service. Del. HC 1176
Conciliation settlement when acted upon by workmen would not be vitiated for procedural irregularity. Cal. HC 1189
Staying of direction of employer to deputed employee to work at original place not justified. Bom. HC 1198
Only earned wages can be claimed under Delhi Shops & Establishment Act. Del. HC 1206
Service of notice presumed when sent by post besides publication in the newspaper. HP HC 1212
Working for 240 days would not justify claim for reinstatement. P&H HC 1227
Ex-parte order can be set aside on ‘sufficient cause’ but subject to cost as imposed. P&H HC 1231
Failure to stop bus despite signal by checking staff would justify termination of drive All. HC 1233
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Directors of a Limited Company cannot be held vicariously liable for non-payment of statutory dues. Cal. HC 1254
Challenge only to the summoning order or demand notice issued by the EPF Authority in writ petition is not maintainable. Mad. HC 1268
Amount as determined towards EPF dues, if recovered before expiry of prescribed limitation for filing appeal, is to be refunded. Mad. HC 1272
Employees of contractors can’t be deprived membership of provident fund when company has formed its own trust. Bom. HC 1247
High court would rarely entertain writ petition against order of lower authorities when forum for appeal is available. Bom. HC 1242
Higher pension can’t be denied when an employee has contributed more than the prescribed rate of contribution.MP HC 1264
No recovery of EPF arrears can be made from the property of lessee if he has transferred it before issue of notice of recovery. Ker. HC 1260
Failure to consider written submission by an employer for delayed deposit, the imposition of maximum damages not proper. Bom. HC 1242
Violation of the Act and Scheme is also a criminal offence under IPC. Cal. HC 1254
Arrears of EPF can be recovered from the lessor if lessee fails to pay. Ker. HC 1260
Payment of EPF dues after filing the complaint will not absolve the employer from criminal liability. Cal. HC 1254
In exceptional cases where the impugned order has jurisdiction error High Court can admit writ petition. Bom. HC 1242
A company with 51% holding by Central government not to be exempted under the Act. Bom. HC 1247
EPF contribution on full salary with the consent of his employer, pension is to be calculated on the basis of full salary.MP HC 1264
Courtesy Labour law reporter
