IMPORTANT JUDGEMENTS for November 2018

IMPORTANT JUDGEMENTS

 Customary bonus paid in past at the discretion of employer can't be claimed as a right.
2018 LLR 1194
KARNATAKA HIGH COURT

 Absence though repeated but not intentional would not justify dismissal from service.
2018 LLR 1192
MADRAS HIGH COURT

 No regularisation of a trainee engaged for one year only.
2018 LLR 1204
BOMBAY HIGH COURT

 Engaging daily wager for 10 year would amount to unfair labour practice.
2018 LLR 1176
DELHI HIGH COURT

 Extending threats and beating an employee with stones would justify dismissal of workman.
2018 LLR 1212
HIMACHAL PRADESH HIGH COURT

 Approval for dismissal rightly declined in the absence of one month salary in lieu of notice to the concerned workman.
2018 LLR 1218
MADRAS HIGH COURT

 Reinstatement is a rule on illegal termination but not with full back wages.
2018 LLR 1167
SUPREME COURT OF INDIA

 Reinstatement is a rule on illegal termination but not with full back wages.
2018 LLR 1169
SUPREME COURT OF INDIA

 Reinstatement is a rule on illegal termination but not with full back wages.
2018 LLR 1221
PATNA HIGH COURT

 Plea of '˜protected workman' not tenable when not proved by union that he was office bearer.
2018 LLR 1212
HIMACHAL PRADESH HIGH COURT

 Abandonment of job appropriate when workman remained absent for 4 years and did not work 240 days in the preceding 12 months.
2018 LLR 1226
PUNJAB AND HARYANA HIGH COURT

 Non-production of record by employer would justify 240 days working of a workman.
2018 LLR 1229
PUNJAB AND HARYANA HIGH COURT

 Habitual absence when not proved, lenient punishment other than dismissal would be proper.
2018 LLR 1192
MADRAS HIGH COURT

 Delay for filing appeal can't be condoned beyond 60+60 days.
2018 LLR 1208
CALCUTTA HIGH COURT

 Directing principal employer not to terminate workers of contractors during pendency of dispute not proper.
2018 LLR 1201
BOMBAY HIGH COURT

 Termination sans retrenchment compensation of a workman with 240 days service is illegal.
2018 LLR 1167
SUPREME COURT OF INDIA

 Termination sans retrenchment compensation of a workman with 240 days service is illegal.
2018 LLR 1169
SUPREME COURT OF INDIA

 Termination sans retrenchment compensation of a workman with 240 days service is illegal.
2018 LLR 1176
DELHI HIGH COURT

 Abandonment, when not proved, reinstatement with back wages held to be proper.
2018 LLR 1171
DELHI HIGH COURT

 Regulaisation appropriate on wrongful termination of an employee with 10 years service.
2018 LLR 1176
DELHI HIGH COURT

 Conciliation settlement when acted upon by workmen would not be vitiated for procedural irregularity.
2018 LLR 1189
CALCUTTA HIGH COURT

 Staying of direction of employer to deputed employee to work at original place not justified.
2018 LLR 1198
BOMBAY HIGH COURT

 Only earned wages can be claimed under Delhi Shops & Establishment Act.
2018 LLR 1206
DELHI HIGH COURT

 Service of notice presumed when sent by post besides publication in the newspaper.
2018 LLR 1212
HIMACHAL PRADESH HIGH COURT

 Working for 240 days would not justify claim for reinstatement.
2018 LLR 1227
PUNJAB AND HARYANA HIGH COURT

 Ex-parte order can be set aside on '˜sufficient cause' but subject to cost as imposed.
2018 LLR 1231
PUNJAB AND HARYANA HIGH COURT

 Failure to stop bus despite signal by checking staff would justify termination of drive
2018 LLR 1233
ALLAHABAD HIGH COURT

 Directors of a Limited Company cannot be held vicariously liable for non-payment of statutory dues.
2018 LLR 1254
CALCUTTA HIGH COURT

 Challenge only to the summoning order or demand notice issued by the EPF Authority in writ petition is not maintainable.
2018 LLR 1268
MADRAS HIGH COURT

 Amount as determined towards EPF dues, if recovered before expiry of prescribed limitation for filing appeal, is to be refunded.
2018 LLR 1272
MADRAS HIGH COURT

 Employees of contractors can't be deprived membership of provident fund when company has formed its own trust.
2018 LLR 1247
BOMBAY HIGH COURT

 High court would rarely entertain writ petition against order of lower authorities when forum for appeal is available.
2018 LLR 1242
BOMBAY HIGH COURT

 Higher pension can't be denied when an employee has contributed more than the prescribed rate of contribution.
2018 LLR 1264
MADHYA PRADESH HIGH COURT

 No recovery of EPF arrears can be made from the property of lessee if he has transferred it before issue of notice of recovery.
2018 LLR 1260
KERALA HIGH COURT

 Failure to consider written submission by an employer for delayed deposit, the imposition of maximum damages not proper.
2018 LLR 1242
BOMBAY HIGH COURT

 Violation of the Act and Scheme is also a criminal offence under IPC.
2018 LLR 1254
CALCUTTA HIGH COURT

 Arrears of EPF can be recovered from the lessor if lessee fails to pay.
2018 LLR 1260
KERALA HIGH COURT

 Payment of EPF dues after filing the complaint will not absolve the employer from criminal liability.
2018 LLR 1254
CALCUTTA HIGH COURT

 In exceptional cases where the impugned order has jurisdiction error High Court can admit writ petition.
2018 LLR 1242
BOMBAY HIGH COURT

 A company with 51% holding by Central government not to be exempted under the Act.
2018 LLR 1247
BOMBAY HIGH COURT

 EPF contribution on full salary with the consent of his employer, pension is to be calculated on the basis of full salary.
2018 LLR 1264
MADHYA PRADESH HIGH COURT

 An employee on superannuation will be entitled to higher pension when deposited additional amount than prescribed ceiling.
2018 LLR 1274
HYDERABAD HIGH COURT

 Fact finding procedures by the competent authorities cannot be usurped by superior Courts except on strong reasons.
2018 LLR 1268
MADRAS HIGH COURT

 If appeal is decided in favour of the assessee, the EPF Authority shall be liable to pay interest on recovered dues.
2018 LLR 1272
MADRAS HIGH COURT

 Recovery of EPF arrears can be made from the personal properties of the lessee.
2018 LLR 1260
KERALA HIGH COURT

 It is option of the prosecution to proceed against the offenders either IPC or EPF & MP Act.
2018 LLR 1254
CALCUTTA HIGH COURT

 Claiming higher pension when employee deposited his share more than prescribed ceiling.
2018 LLR 1274
HYDERABAD HIGH COURT

 The person liable for deposit of EPF dues should be taken as '˜employer'.
2018 LLR 1254
CALCUTTA HIGH COURT

 Intervention by higher courts in fact finding proceedings at the level of quasi judicial authorities is to be avoided.
2018 LLR 1268
MADRAS HIGH COURT