IMPORTANT JUDGEMENTS for March 2019

IMPORTANT JUDGEMENTS

 An enquiry is not proper if relevant documents not supplied to delinquent.
2019 LLR 243
DELHI HIGH COURT

 Last drawn wages is payable during proceeding in higher court from the date of claim.
2019 LLR 247
DELHI HIGH COURT

 Payment of ex-gratia cannot necessarily be termed as bonus.
2019 LLR 264
MADRAS HIGH COURT

 For filing complaint under Factories Act, period for seeking permission is excluded.
2019 LLR 266
HIMACHAL PRADESH HIGH COURT

 Company Directors who receive remuneration are employees under ESI Act.
2019 LLR 237
SUPREME COURT OF INDIA

 Gratuity can't be denied for non vacation of company's land.
2019 LLR 263
KERALA HIGH COURT

 Bonus Act is not applicable on hospitals without profit motive.
2019 LLR 264
MADRAS HIGH COURT

 Maternity benefit also available to a female employee engaged through contractor.
2019 LLR 262
KERALA HIGH COURT

 Resignation is not involuntary when payments received without protest.
2019 LLR 254
MADHYA PRADESH HIGH COURT

 Workers of contractor are to be not employees of principal employer in the absence of supervision.
2019 LLR 250
MADRAS HIGH COURT

 ESI Act not applicable when survey report and list of employees are not proved.
2019 LLR 271
DELHI HIGH COURT

 No regularisation of daily wager on reinstatement.
2019 LLR 277
SUPREME COURT OF INDIA

 Forfeiture of gratuity sans opportunity for hearing to the employee is illegal.
2019 LLR 295
UTTARAKHAND HIGH COURT

 Section 9A of ID Act protects interests of workmen against change of service conditions without notice.
2019 LLR 288
MADHYA PRADESH HIGH COURT

 Employer liable for compensation on accident even where employer has an excess for work.
2019 LLR 241
SUPREME COURT OF INDIA

 Object of Gratuity Act is to benefit employees and not to put the employer in jail.
2019 LLR 259
PATNA HIGH COURT

 Appeal under Compensation Act only awarded amount is to be deposited.
2019 LLR 255
MADHYA PRADESH HIGH COURT

 Application for approval of dismissal rightly dismissed when enquiry was vitiated.
2019 LLR 243
DELHI HIGH COURT

 Termination of bank employee for misappropriation is legal when enquiry is held fair.
2019 LLR 268
BOMBAY HIGH COURT

 Interim increase is part of wages for calculation of gratuity.
2019 LLR 272
BOMBAY HIGH COURT

 Labour Court has to confine adjudication within terms of reference.
2019 LLR 273
BOMBAY HIGH COURT

 Reference can be rejected when employee fails to prove to have worked for 240 days.
2019 LLR 273
BOMBAY HIGH COURT

 Enquiry is not proper when enquiry officer fails to confirm genuineness of medical documents.
2019 LLR 279
DELHI HIGH COURT

 Delay in filing application for gratuity is condonable being a beneficial legislation.
2019 LLR 296
KERALA HIGH COURT

 No recovery for EPF contributions tenable in absence of identification of beneficiaries.
2019 LLR 333
BOMBAY HIGH COURT

 Security personnel are to be deemed employee of the principal employer when their wages are reflected in the books of accounts.
2019 LLR 325
DELHI HIGH COURT

 Receipt of order of EPF authority would be considered for filing appeal before EPF Tribunal.
2019 LLR 321
PATNA HIGH COURT

 Show cause notice for participation in enquiry cannot be challenged.
2019 LLR 311
MADRAS HIGH COURT

 A judicial or semi-judicial authority has to pass a speaking order of its finding.
2019 LLR 337
MADRAS HIGH COURT

 Pre-deposit of 50% of the determined amount is reasonable for admission of appeal.
2019 LLR 322
KARNATAKA HIGH COURT

 Recovery of PF dues and not enquiry can be stalled in view of stay.
2019 LLR 311
MADRAS HIGH COURT

 An employee through contractor is also covered under the EPF Act.
2019 LLR 325
DELHI HIGH COURT

 An order can be remanded for recording of evidence by the lower authority.
2019 LLR 309
BOMBAY HIGH COURT

 A branch of an establishment exempted cannot be disturbed for coverage.
2019 LLR 320
PATNA HIGH COURT

 Determination of EPF dues without identification of beneficiaries not sustainable.
2019 LLR 346
DELHI HIGH COURT

 Emoluments paid to employees universally, ordinarily and necessarily will attract PF contribution.
2019 LLR 339
SUPREME COURT OF INDIA

 Pension can be recalculated for opting scheme under clause 11(3) of Employees Pension Scheme.
2019 LLR 323
RAJASTHAN HIGH COURT

 An order contrary to rules as framed is not sustainable.
2019 LLR 337
MADRAS HIGH COURT

 Outsourced employee will also be employees of principal employer.
2019 LLR 325
DELHI HIGH COURT

 Coverage of an establishment based on documents by third party not sustainable.
2019 LLR 336
KARNATAKA HIGH COURT

 Restriction on operation of bank account during pendency of appeal is not justified.
2019 LLR 334
KARNATAKA HIGH COURT

 Damages for late deposit discretionary not mandatory.
2019 LLR 353
MADRAS HIGH COURT

 Belated determination by EPF authority mandates for identification of beneficiaries.
2019 LLR 337
MADRAS HIGH COURT

 High Court not to interfere in an order of EPF Authority since filing of appeal is at appropriate forum.
2019 LLR 336
KARNATAKA HIGH COURT

 Bank is obliged to hold the amount of the employer when statutory appeal is pending before the EPF Appellate Tribunal.
2019 LLR 334
KARNATAKA HIGH COURT

 Assessment of EPF dues under section 7-A without identification of beneficiaries is not sustainable.
2019 LLR 337
MADRAS HIGH COURT

 Waiver or reduction of pre-deposit by a Tribunal has to be a speaking order.
2019 LLR 353
MADRAS HIGH COURT