IMPORTANT JUDGEMENTS for August 2021

IMPORTANT JUDGEMENTS

 Reinstatement with back wages, not automatic for non-compliance of retrenchment conditions.
2021 LLR 681
SUPREME COURT OF INDIA

 Casual employees engaged for maintenance of guest house to be covered by ESI Act.
2021 LLR 703
MADRAS HIGH COURT

 A pujari in a temple is not a ''workman''.
2021 LLR 725
RAJASTHAN HIGH COURT

 Awarding reinstatement for illegal termination is justified.
2021 LLR 704
CALCUTTA HIGH COURT

 An employee will be ''workman'' when management has failed to show that he was sanctioning leave, issuing gate pass and granting overtime of any worker.
2021 LLR 704
CALCUTTA HIGH COURT

 Dismissal when held illegal, workman is entitled to reinstatement with back wages.
2021 LLR 713
KARNATAKA HIGH COURT

 An ex-parte award not to be set aside if employer did not appear despite Court notice.
2021 LLR 717
MADHYA PRADESH HIGH COURT

 Termination of a workman, without holding proper enquiry and proving guilt is illegal.
2021 LLR 704
CALCUTTA HIGH COURT

 A club being a separate entity cannot be part of a Company.
2021 LLR 727
JHARKHAND HIGH COURT

 Byelaws of a Society, when contrary to statutory law are not sustainable.
2021 LLR 740
JHARKHAND HIGH COURT

 Settlement under section 12(3) of the ID Act between union and management is binding on all workmen.
2021 LLR 745
MADRAS HIGH COURT

 Insurer not liable to pay compensation, if tractor was insured only for agricultural purposes and not for carrying passengers.
2021 LLR 747
MADRAS HIGH COURT

 When the doctor has assessed disability 90% making injure worker unable to do carpentry work, loss of earning capacity be assessed @ 100%.
2021 LLR 766
MADRAS HIGH COURT

 No accident compensation payable when death occurred due to disease.
2021 LLR 692
MADRAS HIGH COURT

 An employer, after accident took the injured workman to hospital, is liable to pay compensation.
2021 LLR 689
ORISSA HIGH COURT

 No appeal tenable against order under section 45A of ESI Act when the employer failed to appear in enquiry.
2021 LLR 696
MADRAS HIGH COURT

 An enquiry will not be proper if subsistence allowance not paid, and enquiry Officer was not examined.
2021 LLR 754
DELHI HIGH COURT

 Compensation for accident only if it occurred in the course of and arisen out of employment.
2021 LLR 690
MADRAS HIGH COURT

 Prosecution of a director for non deposit of EPF dues without arraying company not maintainable.
2021 LLR 779
CALCUTTA HIGH COURT

 Trainee if not under Apprentices Act or Standing Orders, will be treated as ''employee''.
2021 LLR 776
MADRAS HIGH COURT

 EPF Authority has to determine the contributions after identification of employees.
2021 LLR 770
MADRAS HIGH COURT

 Reduction in pre-deposit amount for appeal due to the Covid-19 pandemic situation is justified.
2021 LLR 782
MADRAS HIGH COURT

 An order for levy of interest is not appealable.
2021 LLR 784
MADRAS HIGH COURT

 EPF Authority has to determine contributions by the contractors after giving opportunity to employer.
2021 LLR 770
MADRAS HIGH COURT

 Declining exemption from the Scheme to the employer would be justified if employer has failed to rectify discrepancies.
2021 LLR 796
CALCUTTA HIGH COURT

 When both the units are found functioning at one place, partners are the same, will be clubbed for coverage.
2021 LLR 794
MADRAS HIGH COURT

 Principal employer cannot shirk responsibility to identify eligible workers engaged through contractor.
2021 LLR 770
MADRAS HIGH COURT

 An order passed by the EPF Authority covering the employer without giving proper opportunity of hearing, is not sustainable.
2021 LLR 792
MADRAS HIGH COURT

 An order under section 7-A of the Act without supplying copy of Enforcement Officer''s report is bad in law.
2021 LLR 788
KARNATAKA HIGH COURT

 Principal employer may file an application before the EPF Authority to summon the concerned contractors.
2021 LLR 770
MADRAS HIGH COURT

 Director to be prosecuted only when he entrusted by the company for depositing the EPF contributions.
2021 LLR 779
CALCUTTA HIGH COURT

 Shifting place of business must be informed to EPF Authority by employer.
2021 LLR 782
MADRAS HIGH COURT

 Interest in respect of delayed remittance to be collected by EPF Authority.
2021 LLR 794
MADRAS HIGH COURT

 In the absence of any legal right to seek exemption status, enjoyed by the employer, is not maintainable.
2021 LLR 796
CALCUTTA HIGH COURT

 Judicial review under writ is not maintainable when alternate remedy of review is not exhausted.
2021 LLR 787
MADRAS HIGH COURT

 High Court can direct the EPF authority to consider the evidence produced by employer.
2021 LLR 792
MADRAS HIGH COURT