REPORTED JUDGMENTS AT A GLANCE – Sep 2018
Embezzlers don’t deserve any relief. Pat. HC 939
Union office bearers must have integrity and hard work to be role model for others. Karn. HC 957
Employee must prove transfer to be mala fide for relief. Guj. HC 1000
Preliminary enquiry under POSH Act to be set aside if respondent not provided with copy of complaint. Ker. HC 990
A resignation can be withdrawn before its acceptance. Karn. HC 1010
Mere submission of letter is not sufficient to seek status of ‘protected workman’. Karn. HC 957
Labour Laws are for the welfare of workers and to maintain peace and harmony. Karn. HC 957
Termination not justified when enquiry is held to be unfair. All. HC 977
Resignation can’t be accepted before one month in absence of notice period. Karn. HC 1010
Abnormal delay in raising industrial dispute won’t justify reinstatement with back wages. All. HC 975
Electricity charges can be enhanced as ‘notice of change’ is not necessary. Ori. HC 985
Failing to reply show cause notice despite its receipt can’t be inferred denial of opportunity. Mad. HC 935
High Court will not entertain writ petition against show cause notice. Karn. HC 957
Seeking explanation from a workman is prelude of an enquiry. Karn. HC 957
Misappropriation of public money justifies dismissal. Karn. HC 963
Reinstatement with back wages is appropriate on termination without retrenchment compensation. Mad. HC 947, P&H HC 951
Reinstatement not proper on failure of workman to join duty despite offer. P&H HC 950
Employer to decide quantum of punishment when enquiry is fair and proper. P&H HC 953
Enquiry is not imperative in prolonged and unauthorised absence of a workman. Bom. HC 933
Tribunal must confine adjudication on terms of reference. Cal. HC 997
Transfer of an employee facing enquiry would be construed as mala fide. Ker. HC 991
No accident compensation in absence of employer-employee relationship. Mad. HC 982
Negligence in food manufacturing unit justifies termination. P&H HC 953
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Factors for levy of damages pertain to willful default and financial crises etc. Bom. HC 1022
List of employees duly signed by responsible officer cannot be rebutted while challenging coverage. P&H HC 1040
Forum for challenging order of EPF authority is only filing of appeal before Tribunal. Mad. HC 1034
Writ petition is tenable when EPF Tribunal is not functioning. Mad. HC 1033
Appellant can seek interim relief by Tribunal as permissible. Mad. HC 1039
Damages not mandatory but employer has to pay for delayed remittance to ensure regularity in deposits. Bom. HC 1020
Option for pension tenable if person is in service and has not withdrawn PF dues. Ker. HC 1028
Writ petition is tenable if order violates of fundamental right and natural justice. Mad. HC 1034
Order under section 7-A of the Act may be stayed with or without any condition. Cal. HC 1025
Appeal not writ petition tenable while challenging order under section 7A of the Act. Mad. HC 1031
Coverage of an establishment justified when above 20 employees were employed. P&H HC 1040
Absence of mens rea, willful default will justify reduction of damages by Tribunal. Bom. HC 1020
No damages can be imposed for pre-discovery period. Bom. HC 1020
Declared sickness of unit is a factor for reduction of damages Bom. HC 1020
High Court is not to entertain writ against a show cause notice under section 7A. Cal. HC 1027
Coverage of establishment is to be decided on factual material. Jhar. HC 1041
Courts have to pass a reasoned order with narration of bare facts of the case. Supreme Court 1018
Writ petition is untenable during pendency of proceedings under section 7A. Jhar. HC 1041
Operation of order under section 7A is unjustified without supporting documents. Cal. HC 1025
Every default by employer does not justify levy of damages mechanically. Bom. HC 1022
Operation of an order under section 7A is to be kept in abeyance when Tribunal is not functioning.Mad. HC 1033
Courtesy: Labour Law Reporter
