Reported labour Judgments at a Glance – August 2018
Housing society is not ‘industry’ even if it earns profits. Bom. HC 869
Prosecution of CMD for violation of CLRA Act untenable when no direct control upon establishment. Jhar. HC 850
Habitual and unauthorised absence will justify termination. Del. HC 824
Directors/M D to be covered under ESI if remuneration is below the prescribed ceiling. P&H HC 835
Misappropriation of money justifies dismissal from service. Karn. HC 866
An ex-parte award can set aside even after its publication. Supreme Court 815
If the contract labour system is held sham, contractor’s workers will become employees of principal employer. Bom. HC 828
Holding of enquiry not imperative on admission of misconduct by a delinquent. HP HC 852
Quantum of punishment is to be interfered by the Court only when grossly disproportionate. Del. HC 824
Gratuity can be forfeited only on termination for prescribed misconducts under the Act. HP HC 852
No regularisation of contractor’s workers on violation of CLRA by principal employer. Bom. HC 827
No leniency in punishment for misappropriation. Karn. HC 868
Dismissal for forging signatures is justified. Jhar. HC 842
Opportunity for hearing is the must for all parties during judicial proceedings. Supreme Court 815
Legal validity of contract system is to be adjudicated by the Industrial Tribunal. Bom. HC 828
Supervision by a principal employer is presumed to reject the work of any worker. Bom. HC 828
Obtaining consent for transfer is imperative when certified standing orders so provided. HP HC 854
A deputation of an employee to another place not tenable when not stipulated in a contract. HP HC 856
Labour Court has to confine adjudication on terms of reference. Bom. HC 871
Dismissal to be set aside if not based on findings of an enquiry. Karn. HC 866
Appeal under Gratuity Act is to be filed within prescribed limits. Mad. HC 864
Workman must prove to have worked for 240 days in preceding 12 months. Bom. HC 871
EMPLOYEES’ PROVIDENT FUNDS & MP ACT
Prosecuting Directors and General Manager untenable if filed without obtaining sanction. P&H HC 914
EPF Tribunal has to consider material on record while setting aside an order of EPF Authority. Bom. HC 877
Pre-deposit of 75% of the determined amount not necessary in appeal against levy of damages and interest. Cal. HC 883
Miscellaneous allowance, when paid regularly, would not be excluded for EPF contributions. Bom. HC 880
A purchaser of property free from encumbrances not liable for EPF dues prior to transfer. Bom. HC 878
Second wife not a family member of a pensioner married after retirement. Ker. HC 899
Failure to dispose of grievance of aggrieved party is a dereliction of duty by EPF authority. Mad. HC 911
After bona fide partition, each legal heir will be an independent entity. Ker. HC 893
All departments/ branches situated anywhere will be the same establishment under the Act. Supreme Court 922
Educational institutions receiving 100% grant in aid is exempted for coverage under the Act. Mad. HC 903
Disposal of an appeal needs fresh consideration when only secondary factors were considered. Bom. HC 877
Assessing damages without supportive reasons not proper. Cal. HC 883
A child adopted after retirement is not eligible for the pension. Ker. HC 899
No writ is tenable against a show cause notice by EPF authority. Mad. HC 907
Compliance of statutory requirements imperative on closure of establishment. Ker. HC 887
Mens rea on part of the employer is relevant for levying damages. Cal. HC 883
EPF authority must dispose of representation made by an aggrieved party. Mad. HC 911
Waiver of damages untenable in absence of justifiable reasons.P&H HC 915
Damages for delayed payment being penalty cannot be recovered in mechanical manner. Bom. HC 874
All concerned establishments are to be notified by PF authority to club them for coverage. Ker. HC 887
Levy of damages not proper on a sick unit and in absence of willful default for EPF dues. Bom. HC 874
Courtesy: Labour Law Reporter
