Dismissal for absence of 40 days is too harsh hence set aside.
2016 LLR 1156
BOMBAY HIGH COURT
In absence of Laboratory Test report, charge of drinking would not stand proved.
2016 LLR 1222
KARNATAKA HIGH COURT
Clean and unblemished record will be a factor for reducing the punishment.
2016 LLR 1220
BOMBAY HIGH COURT
Covering establishment under Provident Fund cannot be challenged when the Act was not applicable.
2016 LLR 1213
ORISSA HIGH COURT
Loss of confidence in an employee justifies dismissal from service.
2016 LLR 1209
MADRAS HIGH COURT
Attachment of accounts of the employer before expiry of limitation for filing of appeal is not sustainable. And Attachment of bank account of employer, before expiry of limitation period for filing appeal is arbitrary.
2016 LLR 1208
MADHYA PRADESH HIGH COURT
A bank employee must maintain utmost honesty and integrity. and Manipulation of records is a serious misconduct to justify dismissal. And Gratuity is to be forfeited on termination on moral turpitude. and Provident Fund cannot be forfeited even on dismissal for moral turpitude.
2016 LLR 1198
KERALA HIGH COURT
Termination is automatic when appointment is for fixed term.
2016 LLR 1193
GUJARAT HIGH COURT
Prosecution of employer for delayed remittance of EPF dues is quashable. and Non-payment of EPF dues within prescribed period would attract criminal proceedings against the defaulting employer. and Prosecution of a defaulting employer to be quashed when deficiency was fulfilled
2016 LLR 1191
CALCUTTA HIGH COURT
Appeal before Tribunal lies when review against order under Section 7A is rejected. and No appeal tenable before EPF Tribunal against order rejecting review application. and Review under section 7B of the Act is to be disposed of by the same officer (APFC) and not by the higher officer (RPFC).
2016 LLR 1185
KARNATAKA HIGH COURT
Labour Court not to decide about 'workmen' under section 33-C(2) of the ID Act.
2016 LLR 1183
MADHYA PRADESH HIGH COURT
Coverage of establishments under EPF Act must be specified by notification. and Employer is obliged to deposit both shares of provident fund. and Writ petition is untenable in view of appropriate Forum i.e. EPF Appellate Tribunal. and Appeal before Tribunal merely on demand by EPFO, not tenable.
2016 LLR 1175
ORISSA HIGH COURT
Condonation for nine years delay for want of funds for lawyer's fees is not tenable.
2016 LLR 1174
PUNJAB AND HARYANA HIGH COURT
Minimum bonus is payable irrespective of profit or loss.
2016 LLR 1171
PUNJAB AND HARYANA HIGH COURT
Ex-parte order can be passed on non-production of record by EPF authority.
2016 LLR 1170
PUNJAB AND HARYANA HIGH COURT
High Court can refuse writ against EPF Tribunal when appropriate Forum is available. and In a writ against EPF Tribunal, High Court has to consider convenience of both parties.
2016 LLR 1166
DELHI HIGH COURT
Misappropriation is gross misconduct irrespective of quantity of amount. and Labour Court to interfere with the punishment when disproportionate.
2016 LLR 1162
DELHI HIGH COURT
Compensation in lieu of reinstatement is appropriate after long pendency of 20 years.
2016 LLR 1161
DELHI HIGH COURT
Concerned EPF authority, not the official liquidator can adjudicate damages for delayed deposit of contributions.
2016 LLR 1153
BOMBAY HIGH COURT
On honourable acquittal in criminal trial, claim for reinstatement is tenable.
2016 LLR 1151
PUNJAB AND HARYANA HIGH COURT
Dismissal of driver for causing accident is to be set aside.
2016 LLR 1150
MADRAS HIGH COURT
Acquittal in criminal trial has no bearing on disciplinary proceedings.
2016 LLR 1147
JHARKHAND HIGH COURT
High Court will not reduce interest on delayed deposit of contribution. Cal.
2016 LLR 1146
CALCUTTA HIGH COURT
Weekly/National Holidays/Sundays to be added for counting 240 days for gratuity purpose. and 15 days wages of a month for gratuity and the month comprises 26 days. and Gratuity is payable even to a casual or temporary employee.
2016 LLR 1140
BOMBAY HIGH COURT
Writ petition maintainable only when alternative remedy is not available.
2016 LLR 1133
DELHI HIGH COURT
A probationer will remain on probation till confirmation. and Termination of a probationer is not retrenchment.
2016 LLR 1128
DELHI HIGH COURT
Back-wages on reinstatement when unemployment is proved by workman
2016 LLR 1125
SUPREME COURT OF INDIA
Dismissal of bank employee for gross negligence is justified. and Labour Court can intervene only if workman is unfairly punished.
2016 LLR 1121
SUPREME COURT OF INDIA
