REPORTED JUDGMENTS AT A GLANCE SEP 2019
High Court imposed hefty cost of Rs.50,000 on woman for false complaint of sexual harassment. Del. HC 947
Dismissal is justified due to long unauthorized absence. P&H HC 984
Termination proper on the recommendations of inquiry held under POSH Act. Supreme Court 999
Maternity Benefit Act applies to contractual employees also. Bom. HC 1003
Termination of contractual employee for short period not illegal. Supreme Court 945
Instead of Rs.50,000 compensation in lieu of reinstatement High Court enhanced to Rs.4,00,000 considering service of 10 years. Del. HC 955
An enquiry to be vitiated on denial of representation to workman. Del. HC 951
Dismissal for long absence for alleged illness without any proof is justified. Del. HC 946
Government can’t refuse to refer a dispute saying that complainant is not a ‘workman’. Pat. HC 964
Failing to respond various communications for resumption of duty would justify abandonment by a workman. P&H HC 984
Murder of an employee due to personal animosity is not an accident for claiming compensation. Karn. HC 971
No interest can be paid on retrenchment compensation when workman refused to accept the same. P&H HC 970
Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice. Cal. HC 990
No reinstatement of an employee on the loss of employer’s confidence. Del. HC 956
Dismissal of deputy manager justified for absenting on seven occasions for 177 days. Jhar. HC 961
No interference by writ court in enquiry held as per natural justice. Jhar. HC 961
Reinstatement with back wages appropriate when termination violative of section 25-F of the ID Act. P&H HC 969
Termination of even a temporary employee for misconduct without enquiry is not valid. Supreme Court 945
Inquiry by ICC is vitiated if report not provided to the perpetrator. All. HC 965
Disputed questions of facts need to be adjudicated by Industrial Adjudicator. Bom. HC 982
Ex-parte enquiry is justified when delinquent failed to appear despite communication through various means. P&H HC 984
Fresh inquiry on same charges of earlier, enquiry not tenable. Karn. HC 975
Any agreement prejudicial to Maternity Benefit Act is not legal. Bom. HC 1003
Auto Industry can’t be declared public utility service under Industrial Disputes Act. Mad. HC 963
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Workers stitching garments from home are covered under the EPF Act. Supreme Court 1019
Any relief granted by the Court may be withdrawn if the condition is not fulfilled. Karn. HC 1055
Writ petition is maintainable at the place where the original authority exercised jurisdiction. Supreme Court 1058
Depositing of misappropriated money is no ground for quashing of FIR. P&H HC 1060
Writ can be admitted when Appellate Tribunal is on leave. Mad. HC 1040
EPF Tribunal is empowered to reduce or waive damages for delayed payment of dues. Del. HC 1034, 1035
Recovery of dues can be stayed till disposal of appeal by EPFA Tribunal. Cal. HC 1054
Appeal not writ is appropriate forum for challenging the order of EPF authority. Cal. HC 1042
Employees’ Pension Scheme, 1995 reflects the formula for calculation of past service. Raj. HC 1051
Opportunity of hearing is imperative before resorting to any coercive action for recovery. Karn. HC 1056
EPF Authority has legal obligation to consider the objections raised by the employer. Karn. HC 1056
Calcutta High Court has the jurisdiction for writ petition against the order of the EPF Appellate Tribunal, New Delhi. Supreme Court 1058
Late deposit of EPF contributions is also a criminal offence. P&H HC 1060
Remittance of EPF dues in instalments as an exceptional case due to financial difficulties is proper.Mad. HC 1056
72 instalments for payment of Rs 20 crores is appropriate to save employer from devastation. Pat. HC 1043
Higher pension also available to employees working in exempted trusts of establishments. Del. HC 1024
Instalments can be allowed for determined amount for financial crises faced by employer. Ker. HC 1036
Work at home staffs also get provident fund. Supreme Court 1019
Failure to pay instalments would justify recovery of whole amount besides legal action. Pat. HC 1043
EPFA Tribunal, not writ court, is the appellate authority to adjudicate the matter on merits. Mad. HC 1040
Last service and past service pensionable are two different terms. Raj. HC 1051
When transferee employer is paying EPF contributions, transferor cannot be liable for default. Raj. HC 1048
Pre-deposit can be reduced to 25% in view of financial difficulty of appellant employer.Mad. HC 1037
Delay for filing appeal can be condoned up to 60 days on sufficient cause. Cal. HC 1042
Courtesy Labour law reporter
