REPORTED JUDGMENTS AT A GLANCE Oct 2019
A Director not personally liable for back wages awarded against the Company. All. HC 1078
No reinstatement when a worker has lost the confidence of the employer. Del. HC 1065
No relief against the principal employer on termination of the contractor’s worker. HP HC 1109
A probationer need not be heard on his termination. HP HC 1107
Dismissal for misappropriation is justified with 37 cases of pilferage in the past record. Karn. HC 1098
Reinstatement with back wages is normal rule on illegal termination. Pat. HC 1114
Service of notice incomplete if postal endorsement states ‘no such person’ residing. Mad. HC 1076
Dismissal for absence not justified when employee applied for leave with medical certificate. Karn. HC 1105
Trainee is not a ‘workman’ under the ID Act. Del. HC 1069
No absorption of worker of a contractor who has no license under Contract Labour (R&A) Act. Karn. HC 1093
Employee to be heard before forfeiture of his gratuity for causing financial loss. P&H HC 1084
Nature of duties, not designation or salary, is relevant to determine if an employee is a ‘workman’. Karn. HC 1102
Rs.8 Lacs compensation instead of reinstatement is appropriate on illegal termination with 8-year service. Del. HC 1067
Onus to prove the relationship of employer and employee is on the ‘workman’. HP HC 1109
Termination violative of section 33(2)(b) of Industrial Disputes Act will be illegal. Pat. HC 1114
An enquiry will be vitiated when violative of natural justice. Pat. HC 1114
Gratuity can’t be forfeited in absence of financial loss to employer. P&H HC 1082
Validity of domestic enquiry to be determined at first instance by the Industrial Tribunal. Del. HC 1063
No scope of technicalities in Employees’ Compensation Act enacted in public interest. All. HC 1080
Section 2A of the ID Act applies retrospectively. MP HC 1089
Mother, not brother of the deceased is entitled to accident compensation. Guj. HC 1119
Despite the union’s espousal, an employee not being a ‘workman’ cannot get any relief under labour laws. Karn. HC 1102
Findings recorded on merit in writ proceedings will operate as res judicata for an industrial dispute. Karn. HC 1091
Minimum age for accident compensation is not prescribed under the Employees’ Compensation Act. Guj. HC 1119
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Determination of EPF contribution without identification of beneficiaries is unsustainable. Del. HC 1133
EPF authority is empowered to compel the presence of the employer to ensure compliance of the Act. MP HC 1159
Delayed remittance of EPF contributions after deducting employees’ share is a criminal offence. P&H HC 1166
EPFA Tribunal may accept bank guarantee of 75% of awarded amount as pre-deposit condition. MP HC 1161
Imposition of damages and interest by EPF authority without reasons not sustainable. Pat. HC 1162
Authority must dispose of employer’s pleas with reason on levy of interest on late deposit of dues. Del. HC 1142
Filing appeal after 60 days will be subject to sufficient cause for condonation. All. HC 1145
Payment of EPF dues may be allowed to be paid in installments considering the financial crisis. Ker. HC 1156
Review petition untenable in the absence of any palpable error. MP HC 1157
Money recovered in excess by EPF authority is refundable to the employer with compound interest. Pat. HC 1163
Recovery of money towards EPF dues without identification of beneficiaries is not justified. Pat. HC 1163
Delay in remittance of EPF dues when not by employer but bank, imposition of damages not tenable. Pat. HC 1162
For challenging an order of the EPF authority, the remedy is in the filing of an appeal and not writ petition. MP HC 1161
Showing leniency by EPF authority towards Government corporations is discriminatory. MP HC 1159
Delayed deposit of the misappropriated amount of EPF dues makes no ground for quashing of FIR. P&H HC 1166
An order violative of principles of natural justice is not sustainable. Del. HC 1142
EPF authority is under obligation to consider objections by the employer to the show cause notice. Karn. HC 1169
Definition of ‘employee’ under Provident Fund Act differs from ‘workman’ under the Industrial Disputes Act. Supreme Court 1131
EPFA Tribunal is empowered to waive total pre-deposit amount on the admission of an appeal. Del. HC 1133
Attaching bank account of the employer for recovery of EPF dues during the pendency of an appeal is untenable. Karn. HC 1172
Identification of beneficiaries is imperative before assessing dues against the employer. Del. HC 1133
Failure of efforts by the appellant for a stay of recovery would entitle EPF authority to recover dues. Karn. HC 1170
Coercive action for recovery of EPF dues not proper when an application for its waiver is in the Tribunal. Karn. HC 1172
High Court can also entertain a petition against the order of EPF authority being arbitrary. Karn. HC 1173
Delay beyond prescribed limitation for appeal is condonable when order was not sent at incorrect address. Del. HC 1140
Courtesy: Labour Law Reporter
