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Latest labour Judgments at a Glance – August 2018

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


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