Reported Labour law judgments at a Glance Oct 2020
Declining maternity leave to a contractual employee penalizes her to becoming a mother. 2020 LLR 814 DELHI HIGH COURT
Workers receiving wages, working under control of contractor cannot be employees of principal employer. 2020 LLR 855 GAUHATI HIGH COURT
A termination of a probationer, during probation, is not retrenchment hence not illegal. 2020 LLR 822 DELHI HIGH COURT
Burden to prove abandonment by a workman is upon management. 2020 LLR 829 DELHI HIGH COURT
An ex-parte order is justified on failure of the employer to appear despite notice. 2020 LLR 838 MADHYA PRADESH HIGH COURT
Termination not illegal on expiry of contractual period. 2020 LLR 841 MADHYA PRADESH HIGH COURT
Non-compliance of natural justice cannot be alleged if workman failed to participate in the enquiry. 2020 LLR 847 MADHYA PRADESH HIGH COURT
Denial of back wages on reinstatement justified due to delay in raising dispute. 2020 LLR 888 HIMACHAL PRADESH HIGH COURT
Dismissal will be disproportionate merely on charges of misbehavior. 2020 LLR 877 RAJASTHAN HIGH COURT
Termination for misconduct committed prior to COVID-19 is not due to pandemic. 2020 LLR 824 DELHI HIGH COURT
For claiming back wages, the workman must plead and prove unemployment. 2020 LLR 877 RAJASTHAN HIGH COURT
Termination of services of a fixed period employee, not illegal. 2020 LLR 880 CALCUTTA HIGH COURT
Reinstatement with full back wages justified on termination sans retrenchment compensation. 2020 LLR 829 DELHI HIGH COURT
Mere statement of employer that workers were not its employees is not sufficient to rebut the claim. 2020 LLR 869 PUNJAB AND HARYANA HIGH COURT
Dismissal from service is justified if a workman fails to prove it to be illegal. 2020 LLR 847 MADHYA PRADESH HIGH COURT
Reinstatement is justified when the employer fails to prove the charges. 2020 LLR 831 KERALA HIGH COURT
Termination of a workman appointed against regular permanent post is illegal. 2020 LLR 865 GUJARAT HIGH COURT
Workman's version will be admitted if not controverted by producing records. 2020 LLR 829 DELHI HIGH COURT
Employees Provident Fund
Issuance of demand notice without adjudication under section 7-A is not sustainable. 2020 LLR 898 MADHYA PRADESH HIGH COURT
Limitation for filing appeal is to be calculated from the date of delivery of the order to the appellant. 2020 LLR 900 MADRAS HIGH COURT
No citizen ought to suffer on non-transfer of amount from one Regional Office to another Office of the EPFO. 2020 LLR 894 DELHI HIGH COURT
For non-allotment of PF Code number, the establishment cannot be punished. 2020 LLR 892 DELHI HIGH COURT
Delay for filing appeal up to 60 days can be condoned by Tribunal on sufficient cause. 2020 LLR 904 MADRAS HIGH COURT
Recovery of dues stayed until the outcome of the orders by Tribunal. 2020 LLR 912 MADRAS HIGH COURT
For proving date of delivery of order, the EPF Authority has to file postal receipt showing its dispatch date. 2020 LLR 900 MADRAS HIGH COURT
Opportunity of hearing to parties concerned is essential for determination of money due from employer. 2020 LLR 898 MADHYA PRADESH HIGH COURT
An order passed without giving the proper opportunity of hearing is not sustainable. 2020 LLR 893 DELHI HIGH COURT
No criminal action can be taken against the employer without adjudication under section 7-A of the Act. 2020 LLR 898 MADHYA PRADESH HIGH COURT
Writ-petition is not maintainable till an alternative efficacious remedy is not exhausted. 2020 LLR 899 MADHYA PRADESH HIGH COURT
Online processing ought to make steps simpler for citizens rather than complicating them. 2020 LLR 894 DELHI HIGH COURT
EPF Authority has to prove when the order was delivered to the petitioner for filing of an appeal. 2020 LLR 900 MADRAS HIGH COURT
Arrears of EPF dues may be allowed in instalments on account of weak financial position. 2020 LLR 905 MADRAS HIGH COURT
An appeal is to be filed within 60 days from the date of receipt of impugned order. 2020 LLR 911 MADRAS HIGH COURT
A petition is tenable under abnormal circumstances in questioning the order passed under section 7A of the Act. 2020 LLR 904 MADRAS HIGH COURT
Any representation by the employer, seeking permission for instalments of dues, must be disposed of by the EPF Authority. 2020 LLR 906 MADRAS HIGH COURT
Courtesy Labour Labour Reporter
