Reported Labour Judgments at a Glance - Nov 2019
Acquittal in Criminal Court does not preclude departmental inquiry against delinquent. Supreme Court 1181
Termination for loss of confidence justified when workman has confessed misappropriation. Del. HC 1189
Termination of a habitual absentee is justified. Mad. HC 1199
Regional Sales Office is not to be covered as the 'factory'. Mad. HC 1230
It is for the employer to prove that the workman has abandoned the job. P&H HC 1209
For more judgments, please click the link https://arghaa.com/news/reported-jud...e-nov-2019/700
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46Acquittal in Criminal Court does not preclude departmental inquiry against delinquent. Supreme Court 1181
Termination for loss of confidence justified when workman has confessed misappropriation. Del. HC 1189
Termination of a habitual absentee is justified. Mad. HC 1199
Regional Sales Office is not to be covered as the 'factory'. Mad. HC 1230
It is for the employer to prove that the workman has abandoned the job. P&H HC 1209
For more judgments, please click the link https://arghaa.com/news/reported-jud...e-nov-2019/700
From India, Chennai
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Acquittal in Criminal Court
Acquittal in Criminal Court does not preclude departmental inquiry against a delinquent. Supreme Court 1181
Termination for Loss of Confidence
Termination for loss of confidence is justified when the workman has confessed to misappropriation. Del. HC 1189
Termination of Habitual Absentee
Termination of a habitual absentee is justified. Mad. HC 1199
Regional Sales Office Coverage
Regional Sales Office is not to be covered as the 'factory'. Mad. HC 1230
Employer's Burden of Proof
It is for the employer to prove that the workman has abandoned the job. P&H HC 1209
Redressal in Higher Forum
Any party aggrieved by authority under ESI can seek redressal in the higher forum. Del. HC 1184
Illegal Termination Without Proper Inquiry
Termination of services of a workman without conducting the proper inquiry is illegal. Del. HC 1191
Prosecution of Employer
Prosecution of an employer is untenable when the workman met an accident because of his own negligence. Karn. HC 1215
Abandonment of Job
Abandonment of a job can't be presumed without holding an inquiry. P&H HC 1209
Misappropriation and Dismissal
Misappropriation, if not proved, makes dismissal from service unjustified. Del. HC 1223
Wage Increase and Profitability
Upward increase in wages depends upon the profitability of an individual unit. Karn. HC 1226
Disciplinary Authority and Criminal Court Judgment
Disciplinary Authority is not bound by a criminal court judgment. Supreme Court 1181
Compensation in Lieu of Reinstatement
Compensation, in lieu of reinstatement, depends upon the length of service, wages, and age of the workman. Karn. HC 1217
Conciliation Officer's Powers
Conciliation Officer under the ID Act has limited powers for the settlement of a dispute. Mad. HC 1197
Ex-parte Award
An ex-parte award, even after its publication, can be set aside on sufficient cause. Mad. HC 1195
Prosecution for Factories Act Violation
Prosecution for violation of the Factories Act without considering a reply to show cause notice is liable to be quashed. Mad. HC 1203
Employer's Permission for Evidence
Employer has to seek permission for a fresh opportunity to lead evidence. P&H HC 1207
Reinstatement of Employee Guilty of Misappropriation
Reinstatement of an employee guilty of misappropriation is liable to be set aside. Del. HC 1189
Reinstatement with Back Wages
Reinstatement with back wages is a rule on wrongful termination. Del. HC 1186
Termination Based on Criminal Case
Termination of service of a workman would be illegal if based on a criminal case. MP HC 1213
Death Due to Work Stress
Death due to stress and strain of work will be treated as an 'accident' for compensation. Mad. HC 1232
Departmental Proceedings and Criminal Trial
Departmental proceedings and criminal trial can proceed simultaneously. Supreme Court 1181
Employer's Inquiry in Misconduct
An employer is not to hold an inquiry in misconduct resulting in 'loss of confidence'. Del. HC 1189
Full Back Wages on Exoneration
Full back wages are appropriate when an employee is exonerated for misconduct. Del. HC 1223
Employees’ Provident Funds & MP Act
Employees of the contractor are to be treated as employed by the principal employer when the contract between parties is held to be a sham. Del. HC 1254
Vicarious Liability of Directors
The Penal Code does not contain any provision for attaching vicarious liability on the Directors of the Company. Cal. HC 1249
Insurance Business Genres
General Insurance and Life Insurance are separate genres of insurance business. All. HC 1275
Section 14-B of the Act
Section 14-B of the Act does not mandate that damages must follow in every default. Mad. HC 1271
EPF Dues Recovery
EPF dues of a defaulting employer are recoverable from a third party if it holds money of the defaulting employer. Del. HC 1291
EPF Authority Restrictions
EPF Authority may be restrained from giving further effect to recovery if already remitted by the petitioner. Cal. HC 1247
Appeal Filing Delay
Filing an appeal after 60 days is only permissible when there are justifiable reasons for the delay. Bom. HC 1286
Non-Supply of Enforcement Officer's Report
Non-supply of a copy of the report of the Enforcement Officer to the employer is not fatal if no prejudice is caused. All. HC 1244
EPF Dues Payment for Financially Sick Employers
When the employer is financially sick, payment of EPF dues may be in installments. Mad. HC 1265
Invalid Cut-off Date for Higher Pension
The cut-off date for higher pension prescribed as 01.12.2004 is invalid. Mad. HC 1267
Tribunal's Reasoning for Waiver
Reasons have to be given by the Tribunal for waiver or reducing pre-deposit on admission of appeal. Mad. HC 1269
Interest on Delayed EPF Dues
Delayed deposit of EPF dues would attract the statutory rate of interest. All. HC 1244
New Product Purchase and Establishment Status
Merely because of the purchase of a new product, the establishment cannot be said to be a new one. Supreme Court 1241
Pre-Deposit Waiver
The amount of pre-deposit of 75% may be waived off or reduced to any extent by considering facts and circumstances. All. HC 1277
EPF Authority's Power Limitation
EPF Authority has no power to determine who are the debtors of a defaulting employer. Del. HC 1291
Natural Justice Violation
An order passed in violation of principles of natural justice is not sustainable. Ker. HC 1274
Director's Role Under Penal Code
A Director is not an employer/owner within the meaning of section 405 of the Penal Code. Cal. HC 1249
Enhanced Pension for Exempted Establishments
Employees of exempted establishments are also entitled to the enhanced pension. Mad. HC 1267
Principal Employer's Responsibility for Contractor's Workers
Wages to workers of a contractor, if being paid by the principal employer, the latter will be treated as an employer. Del. HC 1254
Writ Admission and Appropriate Remedy
High Court not to admit writ when an appropriate remedy is available under section 7-A of the Act. Jhar. HC 1256
LIC and Employees Provident Funds Act
LIC is not to be covered under Employees Provident Funds and Miscellaneous Provisions Act, 1952 since it is not engaged in general business. All. HC 1275
Beneficiaries Identification Before EPF Authority
The plea of non-identification of beneficiaries before EPF authority is not appropriate when the petitioner did not produce its records. Bom. HC 1286
Remedy for Challenging Levy of Damages
The remedy for challenging the levy of damages for delayed payment is under section 7-A and not a writ petition. Jhar. HC 1257
EPF Contribution Payment in Installments
EPF contribution can be allowed to be paid in installments in certain conditions. Ker. HC 1258
Depositing EPF dues after lodging of complaint, the defaulting employer cannot be exonerated.
For more updates, Visit: https://www.talentproindia.com/sources/newsletter
From India, Chennai
Acknowledge(0)Amend(0)
Acquittal in Criminal Court does not preclude departmental inquiry against a delinquent. Supreme Court 1181
Termination for Loss of Confidence
Termination for loss of confidence is justified when the workman has confessed to misappropriation. Del. HC 1189
Termination of Habitual Absentee
Termination of a habitual absentee is justified. Mad. HC 1199
Regional Sales Office Coverage
Regional Sales Office is not to be covered as the 'factory'. Mad. HC 1230
Employer's Burden of Proof
It is for the employer to prove that the workman has abandoned the job. P&H HC 1209
Redressal in Higher Forum
Any party aggrieved by authority under ESI can seek redressal in the higher forum. Del. HC 1184
Illegal Termination Without Proper Inquiry
Termination of services of a workman without conducting the proper inquiry is illegal. Del. HC 1191
Prosecution of Employer
Prosecution of an employer is untenable when the workman met an accident because of his own negligence. Karn. HC 1215
Abandonment of Job
Abandonment of a job can't be presumed without holding an inquiry. P&H HC 1209
Misappropriation and Dismissal
Misappropriation, if not proved, makes dismissal from service unjustified. Del. HC 1223
Wage Increase and Profitability
Upward increase in wages depends upon the profitability of an individual unit. Karn. HC 1226
Disciplinary Authority and Criminal Court Judgment
Disciplinary Authority is not bound by a criminal court judgment. Supreme Court 1181
Compensation in Lieu of Reinstatement
Compensation, in lieu of reinstatement, depends upon the length of service, wages, and age of the workman. Karn. HC 1217
Conciliation Officer's Powers
Conciliation Officer under the ID Act has limited powers for the settlement of a dispute. Mad. HC 1197
Ex-parte Award
An ex-parte award, even after its publication, can be set aside on sufficient cause. Mad. HC 1195
Prosecution for Factories Act Violation
Prosecution for violation of the Factories Act without considering a reply to show cause notice is liable to be quashed. Mad. HC 1203
Employer's Permission for Evidence
Employer has to seek permission for a fresh opportunity to lead evidence. P&H HC 1207
Reinstatement of Employee Guilty of Misappropriation
Reinstatement of an employee guilty of misappropriation is liable to be set aside. Del. HC 1189
Reinstatement with Back Wages
Reinstatement with back wages is a rule on wrongful termination. Del. HC 1186
Termination Based on Criminal Case
Termination of service of a workman would be illegal if based on a criminal case. MP HC 1213
Death Due to Work Stress
Death due to stress and strain of work will be treated as an 'accident' for compensation. Mad. HC 1232
Departmental Proceedings and Criminal Trial
Departmental proceedings and criminal trial can proceed simultaneously. Supreme Court 1181
Employer's Inquiry in Misconduct
An employer is not to hold an inquiry in misconduct resulting in 'loss of confidence'. Del. HC 1189
Full Back Wages on Exoneration
Full back wages are appropriate when an employee is exonerated for misconduct. Del. HC 1223
Employees’ Provident Funds & MP Act
Employees of the contractor are to be treated as employed by the principal employer when the contract between parties is held to be a sham. Del. HC 1254
Vicarious Liability of Directors
The Penal Code does not contain any provision for attaching vicarious liability on the Directors of the Company. Cal. HC 1249
Insurance Business Genres
General Insurance and Life Insurance are separate genres of insurance business. All. HC 1275
Section 14-B of the Act
Section 14-B of the Act does not mandate that damages must follow in every default. Mad. HC 1271
EPF Dues Recovery
EPF dues of a defaulting employer are recoverable from a third party if it holds money of the defaulting employer. Del. HC 1291
EPF Authority Restrictions
EPF Authority may be restrained from giving further effect to recovery if already remitted by the petitioner. Cal. HC 1247
Appeal Filing Delay
Filing an appeal after 60 days is only permissible when there are justifiable reasons for the delay. Bom. HC 1286
Non-Supply of Enforcement Officer's Report
Non-supply of a copy of the report of the Enforcement Officer to the employer is not fatal if no prejudice is caused. All. HC 1244
EPF Dues Payment for Financially Sick Employers
When the employer is financially sick, payment of EPF dues may be in installments. Mad. HC 1265
Invalid Cut-off Date for Higher Pension
The cut-off date for higher pension prescribed as 01.12.2004 is invalid. Mad. HC 1267
Tribunal's Reasoning for Waiver
Reasons have to be given by the Tribunal for waiver or reducing pre-deposit on admission of appeal. Mad. HC 1269
Interest on Delayed EPF Dues
Delayed deposit of EPF dues would attract the statutory rate of interest. All. HC 1244
New Product Purchase and Establishment Status
Merely because of the purchase of a new product, the establishment cannot be said to be a new one. Supreme Court 1241
Pre-Deposit Waiver
The amount of pre-deposit of 75% may be waived off or reduced to any extent by considering facts and circumstances. All. HC 1277
EPF Authority's Power Limitation
EPF Authority has no power to determine who are the debtors of a defaulting employer. Del. HC 1291
Natural Justice Violation
An order passed in violation of principles of natural justice is not sustainable. Ker. HC 1274
Director's Role Under Penal Code
A Director is not an employer/owner within the meaning of section 405 of the Penal Code. Cal. HC 1249
Enhanced Pension for Exempted Establishments
Employees of exempted establishments are also entitled to the enhanced pension. Mad. HC 1267
Principal Employer's Responsibility for Contractor's Workers
Wages to workers of a contractor, if being paid by the principal employer, the latter will be treated as an employer. Del. HC 1254
Writ Admission and Appropriate Remedy
High Court not to admit writ when an appropriate remedy is available under section 7-A of the Act. Jhar. HC 1256
LIC and Employees Provident Funds Act
LIC is not to be covered under Employees Provident Funds and Miscellaneous Provisions Act, 1952 since it is not engaged in general business. All. HC 1275
Beneficiaries Identification Before EPF Authority
The plea of non-identification of beneficiaries before EPF authority is not appropriate when the petitioner did not produce its records. Bom. HC 1286
Remedy for Challenging Levy of Damages
The remedy for challenging the levy of damages for delayed payment is under section 7-A and not a writ petition. Jhar. HC 1257
EPF Contribution Payment in Installments
EPF contribution can be allowed to be paid in installments in certain conditions. Ker. HC 1258
Depositing EPF dues after lodging of complaint, the defaulting employer cannot be exonerated.
For more updates, Visit: https://www.talentproindia.com/sources/newsletter
From India, Chennai
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf