IMPORTANT JUDGEMENTS for May 2017

IMPORTANT JUDGEMENTS

 Amount of bonus disputed, can't be claimed under ID Act.
2017 LLR 548
RAJASTHAN HIGH COURT

 Unaided educational institutions are covered under ESI.
2017 LLR 546
MADHYA PRADESH HIGH COURT

 Insurer cannot deny accident compensation even if vehicle is transferred
2017 LLR 543
HIMACHAL PRADESH HIGH COURT

 Dismissal of appeal by Tribunal is not valid on application for adjournment. and EPF Tribunal to decide controversies in appeal instead of dismissing them.
2017 LLR 479
KARNATAKA HIGH COURT

  EPF Authority cannot file writ petition against order of the EPF Tribunal.
2017 LLR 478
KARNATAKA HIGH COURT

 Back wages on reinstatement only when the workman pleads unemployment. and Workman has to prove that he has worked for 240 days.
2017 LLR 474
UTTARAKHAND HIGH COURT

 Termination of an employee engaged for fixed term will not be illegal. and Employer-employee relationship stands proved on experience certificate by employer.
2017 LLR 469
UTTARAKHAND HIGH COURT

 Principal employer is liable to pay wages if contractor fails to pay to workers. and Statutory provisions shall prevail over departmental circulars/notifications.
2017 LLR 467
UTTARAKHAND HIGH COURT

 Reference of dispute of a workman who has worked for few months is not tenable.
2017 LLR 465
RAJASTHAN HIGH COURT

 Technicalities should not stand in the way of achieving justice.
2017 LLR 463
PUNJAB AND HARYANA HIGH COURT

 Bonus has to be paid within 8 months of the preceding year.
2017 LLR 461
PATNA HIGH COURT

 Contract workers even having registered union, have no right to vote in the union election
2017 LLR 459
MADRAS HIGH COURT

 Reinstatement with back wages appropriate when retrenchment compensation not paid on termination.
2017 LLR 456
KERALA HIGH COURT

 Depositing EPF dues after prosecution will be a mitigating circumstance.
2017 LLR 454
KERALA HIGH COURT

 Providing compassionate employment to a dependent would not justify denial of accident compensation. and Employer must assess causes of danger to the lives of its employees
2017 LLR 449
GAUHATI HIGH COURT

 Courts rarely interfere in transfer of employees. and Employer is to decide the place of posting of an employee.
2016 LLR 517
KARNATAKA HIGH COURT

 Representation by a legal person not tenable when neither enquiry officer nor presenting officer was practicing advocates.
2016 LLR 513
KARNATAKA HIGH COURT

 Representation by a legal person not tenable when neither enquiry officer nor presenting officer was practicing advocates.
2016 LLR 513
KARNATAKA HIGH COURT

 Reinstatement appropriate relief when termination is held illegal.
2017 LLR 549
PUNJAB AND HARYANA HIGH COURT

 Use of refrigerator does not make restaurant involved in 'manufacturing process' for ESI coverage.
2016 LLR 541
GUJARAT HIGH COURT

 Habitual absenteeism/irregular attendance justifies termination of services.
2016 LLR 540
GUJARAT HIGH COURT

 Delay in taking action by EPF Authority would not condone levy of damages.
2016 LLR 538
PUNJAB AND HARYANA HIGH COURT

 Non consideration of financial crisis faced by industry for reduction of damages, needs reconsideration on remand.
2016 LLR 534
KERALA HIGH COURT

 EPF Tribunal is empowered to decide question of law and facts.
2016 LLR 531
MADHYA PRADESH HIGH COURT

 Non-issue of formal exemption order is a lapse of EPF Department. and Acceptance of inspection charges applies only after exemption is granted.
2016 LLR 522
CALCUTTA HIGH COURT

 Number of employees is to be decided by EPF Authority and not High Court. and An employee cannot be covered under Act simultaneously by two employers. and Employees of one employer, working for another employer, are not to be covered under the Act when their wages are paid by the other employer.
2016 LLR 536
PUNJAB AND HARYANA HIGH COURT

 Determination of money based on balance sheet would not suffice the purpose of section 7-A of EPF Act and The Tribunal may waive/reduce the amount of pre-deposit for appeal and Admission of appeal before Tribunal is conditional for pre-deposit of 75% of the determined amount.
2016 LLR 528
DELHI HIGH COURT

 Not producing attendance/wages register etc. would attract adverse inference. and Burden of proof as to any particular fact lies on the person who pleads. Del. HC and Burden of proof lies upon the party who has special knowledge of the facts.
2016 LLR 526
DELHI HIGH COURT

 EPF Tribunal can direct the mode in which the relief is granted to party. and Rehabilitation package by the Government is rightly considered by the Tribunal in allowing the payment of dues in installments.
2016 LLR 518
CALCUTTA HIGH COURT

 Attendance bonus is not 'wages' under Gratuity Act.
2016 LLR 507
CHHATTISGARH HIGH COURT

 EPF Tribunal empowered to modify or annul the order of EPF authorities.
2016 LLR 504
MADRAS HIGH COURT

 High Court not to interfere in finding of facts by EPF authority and affirmed by Appellate Tribunal.
2016 LLR 502
PATNA HIGH COURT

  Reviewing Authority with quasi-judicial powers must give reasons with order. and Receipt of a notice is to be presumed when dispatched by registered post.
2016 LLR 486
ORISSA HIGH COURT

 Only nominee of the deceased would be entitled to receive PF dues. and Married daughter not entitled to claim share from provident fund accumulation of her deceased father.
2016 LLR 485
BOMBAY HIGH COURT

 Exclusive employment of pigmy agent will establish employer-employee relationship for coverage under EPF and MP Act. and EPF Authority is to pass a speaking order supported with reasons.
2016 LLR 484
BOMBAY HIGH COURT