REPORTED JUDGMENTS AT A GLANCE Nov 2019
Acquittal in Criminal Court does not preclude departmental inquiry against delinquent. Supreme Court 1181
Termination for loss of confidence justified when workman has confessed misappropriation. Del. HC 1189
Termination of a habitual absentee is justified. Mad. HC 1199
Regional Sales Office is not to be covered as the ‘factory’. Mad. HC 1230
It is for the employer to prove that the workman has abandoned the job. P&H HC 1209
Any party aggrieved by authority under ESI can seek redressal in the higher Forum. Del. HC 1184
Termination of services of a workman without conducting the proper enquiry is illegal. Del. HC 1191
Prosecution of employer untenable when the workman met an accident because of his own negligence. Karn. HC 1215
Abandonment of job can’t be presumed without holding of enquiry. P&H HC 1209
Misappropriation, if not proved, dismissal from service not justified. Del. HC 1223
Upward increase in wages depends upon the profitability of an individual unit. Karn. HC 1226
Disciplinary Authority is not bound by a criminal court judgment. Supreme Court 1181
Compensation, in lieu of restatement, depends upon the length of service, wages, and age of workman. Karn. HC 1217
Conciliation Officer under ID Act has limited powers for settlement of a dispute. Mad. HC 1197
Ex-parte award even after its publication can be set aside on sufficient cause. Mad. HC 1195
Prosecution for violation of Factories Act without considering a reply to show notice is liable to be quashed. Mad. HC 1203
Employer has to seek permission for a fresh opportunity to lead evidence. P&H HC 1207
Reinstatement of an employee guilty of misappropriation liable to be set aside. Del. HC 1189
Reinstatement with back wages is a rule on wrongful termination. Del. HC 1186
Termination of service of a workman would be illegal if based on a criminal case. MP HC 1213
Death due to stress and strain of work will be treated as an ‘accident’ for compensation. Mad. HC 1232
Departmental proceedings and criminal trial can proceed simultaneously. Supreme Court 1181
An employer not to hold an enquiry in misconduct resulting in ‘loss of confidence’. Del. HC 1189
Full back wages appropriate when employee is exonerated for misconduct. Del. HC 1223
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Employees of the contractor to be treated as employed by the principal employer when the contract between parties is held to be sham. Del. HC 1254
Penal code does not contain any provision for attaching vicarious liability on the Directors of the Company. Cal. HC 1249
General Insurance and Life Insurance are separate genres of insurance business. All. HC 1275
Section 14-B of the Act does not mandate that damages must follow in every default . Mad. HC 1271
EPF dues of defaulting employer are recoverable from the third party if it holds money of defaulting employer. Del. HC 1291
EPF Authority may be restrained from giving further effect to recovery if already remitted by the petitioner. Cal. HC 1247
Filing appeal after 60 days only when there are justifiable reasons for the delay. Bom. HC 1286
Non-supply of a copy of the report of Enforcement Officer to employer is not fatal if no prejudice is caused. All. HC 1244
When the employer is financially sick, payment of EPF dues may be in instalments. Mad. HC 1265
Cut-off date for higher pension prescribed as 01.12.2004 is invalid. Mad. HC 1267
Reasons have to be given by Tribunal for waiver or reducing pre-deposit on admission of appeal. Mad. HC 1269
Delayed deposit of EPF dues would attract the statutory rate of interest. All. HC 1244
Merely because of the purchase of a new product, the establishment cannot be said to be a new one. Supreme Court 1241
Amount of pre-deposit of 75% may be waived off or reduced to any extent by considering facts and circumstances. All. HC 1277
EPF Authority has no power to determine as to who are the debtors of defaulting employer. Del. HC 1291
An order passed in violation of principles of natural justice is not sustainable. Ker. HC 1274
Director is not employer/owner within meaning of section 405 of the Penal Code. Cal. HC 1249
Employees of exempted establishments are also entitled to the enhanced pension. Mad. HC 1267
Wages to workers of contactor if being paid by the principal employer, the latter will be treated as an employer. Del. HC 1254
High Court not to admit writ when appropriate remedy is available be u/s 7-A of the Act. Jhar. HC 1256
LIC is not to be covered under Employees Provident Funds and Miscellaneous Provisions Act, 1952 since it is not engaged in general business. All. HC 1275
Plea of non-identification of beneficiaries before EPF authority not appropriate when petitioner did not produce its records. Bom. HC 1286
Remedy for challenging levy of damages for delayed payment is u/s 7-A and not a writ petition. Jhar. HC 1257
EPF contribution can be allowed to be paid in instalments in certain conditions. Ker. HC 1258
Depositing EPF dues after lodging of complaint, the defaulting employer cannot be exonerated. Cal. HC 1249
Courtesy Labour Law Reporter
