REPORTED JUDGMENTS AT A GLANCE DEC 2019
Removal of bank executive for financial irregularities is justified. Supreme Court 1300
Compensation not reinstatement after three decades of litigation. Supreme Court 1299
No limitation for filing claim for gratuity within 30 days. Del. HC 1306
Transfer as a punishment not tenable. Del. HC 1308
Gratuity Act becomes applicable from the day when there are 10 or more employees. Ker. HC 1312
No back wages if employee is gainfully employed. P&H HC 1317
Termination illegal, if retrenchment compensation is not paid. Supreme Court 1299
Ex-parte award justified on failing to participate in the proceedings. Supreme Court 1303
Appeal untenable when award is supported with reasons. Supreme Court 1303
Denial of opportunity for defence untenable when the delinquent failed to avail the same. Supreme Court 1300
Gratuity Act is applicable even on a society. Ker. HC 1312
Failure of employer to prove charges, punishment would be untenable. Karn. HC 1319
Temporary/casual employees will also be counted for Gratuity Act. Ker. HC 1312
Employer can lead fresh evidence if enquiry is vitiated by Labour Court. P&H HC 1315
Writ petition to be dismissed when filed after 3 years after implementing the award. P&H HC 1315
A plea not taken at the initial stage cannot be taken afterwards. P&H HC 1315
Not permissible for employee to delay the enquiry proceedings. Supreme Court 1300
Reinstatement of back wages appropriate on rejection of application for approval. Del. HC 1304
Non rebuttal by employer, the allegations of employees will stand admitted Del. HC 1306
Five-year service is to be counted in one and not in two entities for gratuity. Del. HC 1306
Transfer mala fide when employee approached higher authority for redressal of grievances. Del. HC 1308
Reinstatement with back wages is appropriate on illegal termination. Supreme Court 1303
Service policy / rules cannot be applied with retrospective effect. P&H HC 1317
Grievances of an employee be decided within reasonable period by speaking order. P&H HC 1331
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Appeal in Tribunal admissible only on pre-deposit of determined amount. MP HC 1335
Date of birth can’t be corrected in writ petition for enhancement of pension. HP HC 1341
Control and functional integrality in more than one establishment will justify its clubbing. Supreme Court 1323
Determination of EPF dues without prior notice is not sustainable. Del. HC 1344
Limitation for filing an appeal is to be from the date of order. Karn. HC 1342
Determination of EPF dues for long duration of 25 years merely on show cause notice is not tenable. Del. HC1344
Similar nature of work in three establishments with functional integrality would justify its clubbing. Supreme Court 1323
Consumer Court can also entertain an applicable for non-payment of EPF dues. MP HC 1336
Ten-year service imperative for entitlement to pension. MP HC 1338
EPF Act is welfare legislation hence grievance redressal must be expedited. HP HC 1340
Conflicting date of birth in family register and school leaving certificate to be decided by evidence. HP HC 1341
EPF authority is empowered to impose damages and interest for delayed payment of EPF dues. Supreme Court 1323
Defaulting employer must be imposed damages and interest for delayed payment. Ker. HC 1346
Defective determination on show cause notice to be reconsidered by EPF authority. Del. HC1344
Entire amount payable on failure of to pay timely installment allowed.Mad. HC 1332; Mad. HC 1334; Ker. HC 1340
Employer is obliged to pay deposit both shares as per para 30 of the scheme. MP HC 1336
EPF authority must not fail to pay pension on completion of 10-year service. MP HC 1338
Pre-deposit of admission of appeal can be reduced by Tribunal with supporting reasons. Mad. HC 1332
Two units by one proprietor are likely to be clubbed for coverage. Supreme Court 1323
A plea not taken in initial stage in enquiry cannot be taken later on. Mad. HC 1344
Waiver of pre-deposit on facts of each appeal. Mad. HC 1332;
Financial hardship justified to allow reinstatement of PF dues. Mad. HC 1334; Ker. HC 1340
Waiver applicable with appeal to be decided at first instance. Mad. HC 1332
Reducing 50% pre deposit as ordered by Tribunal to 10% is justified. Del. HC 1344
Courtesy Labour Law Reporter.
