Arghaa HR Technologies flagship division of Arghaa HR Solutions LLP is a Management Business Process Organization managed by highly stupendous professionals from across industries, is bound towards facilitating Organizational Renovation, Managing Human Side Changes eventually creating.
Arghaa Hr Technologies, Flat no1, shreenath apartment, sevilimedu

Latest Labour Law Judgments October 2018


Forfeiture of gratuity is not automatic on dismissal from service.  Supreme Court 1051

Exemption of a charitable hospital from Income Tax would not justify exemption from Bonus Act. Del. HC 1060

Civil Court is not empowered to grant reinstatement on illegal termination. Ker. HC 1115

Deposit of misappropriated money would not exonerate delinquent from punishment. All. HC 1081

Termination of hospital employees for creating reign of terror would be justified even without enquiries. Karn. HC 1106

Termination of a contractual employee is not to be construed as retrenchment.  P&H HC 1077

Labour Court will determine only validity of punishment when enquiry is fair and proper.  P&H HC 1101

Industrial dispute as raised is not to be adjudicated by the appropriate government. MP HC 1071

Revision/fixation of pay-scales is highly technical and tedious. Supreme Court 1055

Proved misconduct of moral turpitude needs no confirmation for denial of gratuity. Cal. HC 1086

Standard of proof, required under the Compensation Act is different than criminal trial. P&H HC 1090

Reinstatement of a workman guilty of misappropriation is not tenable. All. HC 1081

Non-rebuttal of evidence by employer would justify regularisation of contract workers. Supreme Court 1057

Industrial Adjudicator has to confine his award to the terms of reference. All. HC 1081

Notice of change under the ID Act is meant to workman giving chance to be heard. Supreme Court 1093

An order passed against a party without service of summons is not sustainable.  Ori. HC 1098

No penalty for delayed payment of accident compensation justified when employer extended immediate relief.  P&H HC 1105

Authority under the Minimum Wages Act would be a Civil Court. Ori. HC 1098

Plea of engagement of worker through contractor from 1964 not tenable since Contract Labour (R&A) Act was enacted in 1970. Bom. HC 1084

A 12-year belated industrial dispute would not be tenable. Jhar. HC 1079

Nature of duties of Police personnel is different from security personnel.  Supreme Court 1055

Reinstatement with 50% back wages is appropriate on illegal termination. Bom. HC 1084


Only in-charge controlling the establishment would be liable for penalty for violating Act and the Scheme. Ker. HC 1124

Mens rea and actus reus are determining factors for imposing damages for delayed deposit of EPF contribution. Bom. HC 1121

Installments can be allowed for payment of EPF arrears due to financial crunch. Ker. HC 1123

Refrigerator for storage of chilling of cold drinks etc. not ‘power’ for applicability of Act with aid of power. Ori. HC 1126

Show cause notice is to be replied with reasons instead of challenging in the High Court. Mad. HC 1125 & 1141

Coverage under the Act by clubbing two establishments run by father and son can’t be set aside. Raj. HC 1148

Tribunal is empowered to waive or reduce the amount to be deposited for admission of an appeal. P&H HC 1137

Damages for delayed deposit are not mechanical without considering its reason. Bom. HC 1121

EPF Authority cannot file Letter Patent Appeal against an order in High Court. Pat. HC 1129

Levy of damages/penalty not appropriate for delayed deposit of PF dues by a sick company. Bom. HC 1121

High Court not to entertain writ petition when EPFO show cause notice is challenged Mad. HC 1125 & 1141

Non-disclosure of status of the accused would result into dismissal of a complaint for prosecution. Ker. HC 1124

Coverage of establishment with less than 20 employees is not legal. Ori. HC 1126

Pre-deposit of 75% on appeal can be waived by EPF Tribunal due to poor financial condition of the appellant. P&H HC 1137

EPF Authority liable to refund money with interest if recovered without deciding applicability of the Act. P&H HC 1135

25% pre-deposit on admission of appeal is appropriate in view of pendency for 4 years.  P&H HC 1137

EPF authority is empowered to conduct enquiry by providing reasonable opportunity to the parties. Mad. HC 1146

Only minor sons would get the EPF dues of a deceased member.  Uttar. HC 1146

EPF Act not applicable upon employees covered by General Provident Fund or any other equally beneficial Scheme. P&H HC 1135

Writ Court not to interfere with an order passed by the subordinate courts/authorities unless a manifest error is pointed out.Bom. HC 1121

Cooperative society not to be covered if number of employee is less than 50. Ori. HC 1126

Courtesy Labour Law Reporter.