Important Labour Judgments January to December 2017 at Glance

January 2017

 Consuming alcohol on duty justifies dismissal from service. Karn. HC 70

 Denial of representation by a lawyer to the delinquent will vitiate enquiry conducted by Retd. Judge.
Del. HC 3
 Control and supervision of principal employer will be decisive to cover the workers of contractors under
ESI. Ker. HC 47
 No employee can claim for retirement at 60 when the Standing Orders provide at 58 years. Karn. HC 92
 Transfer of fitter from Faridabad to Pondicherry is victimization to be set aside. P&H HC 93
 Investigation report by Executive Engineer can’t be a substitute for enquiry. P&H HC 78
 Abandonment of service can’t be presumed in absence of notice to workman without enquiry. P&H HC 95
 Court will not interfere in punishment when enquiry is held as fair and proper. Karn. HC 74
 Exclusion of home workers from coverage under ESI has to be established with reasons. Ker. HC 47
 Plea of abandonment without notice to workman is not sustainable. P&H HC 35
 Percentage of disability of accident compensation is to be assessed by qualified medical officer.
Supreme Court 1
 Appointment of an employee without requisite qualifications can be terminated any time. Raj. HC 84
 Non-appearance of workman due to ill health, is sufficient cause for setting aside of ex-parte order.
Karn. HC 91
 Compensation from ESI for injuries to debar the employee claiming under any law. Bom. HC 80 An award
of Labour Court, contrary to the reference, is to be set aside. P&H HC 93
 Cause of action would arise at Faridabad when the workman was transferred from Faridabad to
Pondicherry. P&H HC 93
 Prerogative to hire an employee is entirely of the employer. Del. HC 8
 Labour Court/Tribunal can interfere in punishment only in dismissal or discharge of workman. Karn. HC 74
 Punishment will be quashed when the enquiry is vitiated. Del. HC 3
 Gratuity can’t be withheld merely due to pendency of criminal case. All. HC 18
 Depositing of ESI contribution after initiation of criminal proceedings would not mitigate offence.
Cal. HC 68
 An employee failing to rebut the charges as levied, will be presumed as guilty. Karn. HC 70
 Lump sum compensation on reinstatement appropriate when job duration was only 3 years. P&H HC 35
 Mere right to reject the end product not sufficient to conclude that employer is having supervision and
 control. Ker. HC 47

February 2017

 Dismissal of Bank Supervisor for committing fraud is justified. Supreme Court 116
 Prosecution of directors not impleading Company as an accused, is untenable. Cal. HC 174
 Investigation report cannot be a substitute of enquiry of a misconduct. P&H HC 198
 Enquiry will be vitiated when the authority who issued charge-sheet also held it. Supreme Court 200
 Reinstatement with back wages appropriate without holding enquiry. Raj. HC 218
 Punishment imposed for driving bus under influence of liquor is rightly upheld. Bom. HC 204
 Courts should keep off with punishment unless it shocks conscience. Supreme Court 116
 Misappropriation, small or large, by an employee must be dealt with iron hand. Bom. HC 210
 Industrial adjudicator to decide whether contract labour system is sham or genuine. Ker. HC 142
 Confirmation of a probationer is the prerogative of an employer. Del. HC 130

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 Change in service conditions not permissible without workmen’s consent. Mad. HC 193
 Regular enquiry has to be held for workman’s misconduct before dismissal. P&H HC 198
 Termination is a must for forfeiture of gratuity for the prescribed misconduct(s). Supreme Court 200
 Transfer of an employee not by competent authority is rightly quashed. Gau. HC 212
 Termination of a probationer not illegal if not stigmatic. Del. HC 130
 Employer and not the court to decide quantum of punishment. Supreme Court 116
 Retrenchment compensation and notice are imperative on termination of a workman having served above
240 days. HP HC 148
 Termination of a contractual employee for a long duration not justified. Del. HC 124
 Government not the Court to abolish the contract labour system. Ker. HC 142
 Cancellation of trade union registration is illegal when order sent on wrong address. Mad. HC 155
 A probationer of a school in Delhi must be confirmed before 3 years. Del. HC 124
 Reinstatement with back wages appropriate when termination is illegal. Raj. HC 153
 Termination is to be set aside when enquiry is not properly held. P&H HC 159
 Authority under Payment of Wages Act can to attach the property of defaulting employer. Guj. HC 186
 An enquiry violative of principle of natural justice is liable to be vitiated. Supreme Court 113
 Interest must be paid on delayed payment of gratuity. All. HC 172
 Petition rightly dismissed by Employees’ Insurance Court if employer fails to deposit the amount as
directed. Raj. HC 199
 Enhancing of retirement age by certifying authority without any financial burden on employer is not
illegal. Karn. HC 213
 Enquiry is imperative to terminate even a temporary employee. Raj. HC 218

March 2017

 Dismissal of Plant Operator for sleeping on duty should not be set aside. Ori. HC 296
 An enquiry will be vitiated if conducted without issuing a proper charge. Bom. HC 322
 Enquiry is imperative for termination of workman for misconduct. P&H HC 267
 Prosecution for non-disclosure of violation of the provisions of Factories Act is untenable. Mad. HC 291
 Allowing unauthorised persons to travel in a school bus is a serious misconduct. HP HC 244
 Dismissal of bank employee for theft and forging of signatures is justified. Karn. HC 273
 Enquiry officer can’t decide on objections about his appointment. Bom. HC 322
 Departmental and Criminal proceedings can proceed simultaneously. Karn. HC 273
 Withdrawal of resignation after its acceptance is not tenable. Guj. HC 240
 Enquiry Officer cannot import his own knowledge in his finding. Bom. HC 322
 Worker will be the employee of principal employer if he gets wages from him. P&H HC 265
 Abandonment of job by worker has to be proved by the management. P&H HC 263
 Even when workman admits guilt, enquiry is imperative for sacking. P&H HC 262
 Enquiry Officer must have to analyse the evidence in his findings. Bom. HC 322
 Acquittal is not a ground for setting aside the findings of enquiry. Karn. HC 273
 Reinstatement on wrongful termination is not a rule of thumb. P&H HC 270
 Compensation appropriate when post held by employee did not exist. P&H HC 270
 Tribunal/Labour Court to interfere only when dismissal is mala fide. Ori. HC 296
 Courts will not interfere in transfers unless mala fide. Mad. HC 294
 Enquiry officer instead of proceeding ex-parte should have fixed next date if the workman boycotted the
enquiry. Bom. HC 322
 Extension after retirement is discretion of the employer. P&H HC 269

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 A resignation is complete only after its acceptance by the employer. Jhar. HC 282
 Prosecution of other than the occupier of the factory would be illegal. Mad. HC 293
 Resignation can be withdrawn before acceptance by employer. Jhar. HC 282
 Reasons for delay in raising dispute have to be proved by workman. P&H HC 314
 Enquiry Officer must act patiently on the principles of natural justice. Bom. HC 322
 Mere failure to reply show cause notice would not be abandonment of job. P&H HC 267
 Enquiry will not be vitiated even if it was held by the legal adviser of the establishment. P&H HC 264
 Remaining away from work after resigning means it is to be accepted with immediate effect. Del. HC 331
 Over stay after prescribed period by the workman will not mean that his termination is retrenchment.
P&H HC 334
 A plea not taken before lower court cannot be taken before Writ Court. P&H HC 333

APRIL 2017
 Termination of an employee engaged for fixed term will not be illegal. Uttr. HC 469
 Principal employer is liable to pay wages if contractor fails to pay to workers. Uttr. HC 467
 Courts rarely interfere in transfer of employees Karn. HC 517
 Attendance bonus is not ‘wages’ under Gratuity Act. Chht. HC 507
 Use of refrigerator does not make restaurant involved in ‘manufacturing process’ for ESI coverage.
Guj. HC 541
 Habitual absenteeism/irregular attendance justifies termination of services. Guj. HC 540
 Unaided educational institutions are covered under ESI. MP HC 546
 Amount of bonus disputed, can’t be claimed under ID Act. Raj. HC 548
 Insurer cannot deny accident compensation even if vehicle is transferred. HP HC 543
 Back wages on reinstatement only when the workman pleads unemployment. Uttr. HC 474
 Reinstatement appropriate relief when termination is held illegal. P&H HC 549
 Employer-employee relationship stands proved on experience certificate by employer. Uttr. HC 469
 Representation by a legal person not tenable when neither enquiry officer nor presenting officer was
practicing advocates. Karn. HC 513
 Employer is to decide the place of posting of an employee. Karn. HC 517
 Reinstatement with back wages appropriate when retrenchment compensation not paid on termination.
 Ori. HC 456
 Bonus has to be paid within 8 months of the preceding year.Pat. HC 461
 Technicalities should not stand in the way of achieving justice. P&H HC 463
 Workman has to prove that he has worked for 240 days. Uttr. HC 474
 Contract workers even having registered union, have no right to vote in the union election. Mad. HC 459
 Statutory provisions shall prevail over departmental circulars/notifications. Uttr. HC 467
 Providing compassionate employment to a dependent would not justify denial of accident compensation.
Gau. HC 449
 Reference of dispute of a workman who has worked for few months is not tenable. Raj. HC 465
 Employer must assess causes of danger to the lives of its employees. Gau. HC 449

May 2017

 Termination of an employee engaged for fixed term will not be illegal. Uttr. HC 469 Principal employer is
 liable to pay wages if contractor fails to pay to workers. Uttr. HC 467 Courts rarely interfere in transfer of

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 employees. Karn. HC 517

 Attendance bonus is not ‘wages’ under Gratuity Act. Chht. HC 507
 Use of refrigerator does not make restaurant involved in ‘manufacturing process’ for ESI coverage.
 Guj. HC 541
 Habitual absenteeism/irregular attendance justifies termination of services. Guj. HC 540
 Unaided educational institutions are covered under ESI. MP HC 546
 Amount of bonus disputed, can’t be claimed under ID Act. Raj. HC 548
 Insurer cannot deny accident compensation even if vehicle is transferred. HP HC 543
 Back wages on reinstatement only when the workman pleads unemployment. Uttr. HC 474
 Reinstatement appropriate relief when termination is held illegal. P&H HC 549
 Employer-employee relationship stands proved on experience certificate by employer. Uttr. HC 469
 Representation by a legal person not tenable when neither enquiry officer nor presenting officer was
 practicing advocates. Karn. HC 513
 Employer is to decide the place of posting of an employee. Karn. HC 517
 Reinstatement with back wages appropriate when retrenchment compensation not paid on termination.
 Ori. HC 456
 Bonus has to be paid within 8 months of the preceding year. Pat. HC 461
 Technicalities should not stand in the way of achieving justice. P&H HC 463
 Workman has to prove that he has worked for 240 days. Uttr. HC 474
 Contract workers even having registered union, have no right to vote in the union election Mad. HC 459
 Statutory provisions shall prevail over departmental circulars/notifications. Uttr. HC 467
 Providing compassionate employment to a dependent would not justify denial of accident compensation.
 Gau. HC 449
 Reference of dispute of a workman who has worked for few months is not tenable. Raj. HC 465
 Employer must assess causes of danger to the lives of its employees. Gau. HC 449

June 2017
 Family members must vacate residential quarters after death of employee. Supreme Court 562
 Dismissal is not disproportionate for habitual and unauthorised absence. Karn. HC 666
 Show-cause notice is imperative for forfeiture of gratuity. Bom. HC 584
 Probationary services can be terminated without assigning any reason. Del. HC 571
 Employee has to prove 240 days working during preceding 12 months. HP HC 647
 Termination of fixed term employee is not retrenchment. Uttr. HC 655
 Non-applicability of Limitation Act does not mean that dispute can be raised at any time. Uttr. HC 655
 Forfeiture of gratuity only when termination is for prescribed misconduct. Raj. HC 633
 Reduction of punishment not justified when enquiry is fair and proper. Raj. HC 637
 Temporary misappropriation amounts to serious misconduct. Pat. HC 625
 Compensation, not reinstatement, is appropriate for a 55-year-old workman. Del. HC 581
 Industrial Tribunal is obliged to adjudicate a dispute as referred. Del. HC 579
 Tribunal can interfere in punishment if it is disproportionate to misconduct. Hyd. HC 661
 No leniency when employee is guilty of misappropriation/corruption. Pat. HC 625
 Building and Other Construction Workers (RECS) Act as well as ESI will be applicable for construction
workers. Cal. HC 617
 Employer has to establish about abandonment of job by an employee. HP HC 647

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 Major penalty is appropriate for fraud, misappropriation and dishonesty. Hyd. HC 661
 Functional integrality is essential for clubbing of establishments for coverage under ESI Act.Hyd. HC 661
 Employer to prove that workman was appointed for fixed period. Uttr. HC 655
 Abandonment of job depends upon intention of employee. HP HC 647
 Frequent and long unauthorised absence amounts to serious misconduct. Karn. HC 666
 Only error of law and not facts can be corrected by High Court. MP HC 641
 Writ petition is not tenable when remedy of appeal is prescribed. Cal. HC 617
 Embezzlement of even petty amount can’t be ignored. Pat. HC 625
 Any evidence prepared after issue of charge sheet is not permissible. MP HC 641
 Industrial Tribunal and not High Court is to give finding of facts. MP HC 641
 Family members are liable to pay market rent/damages if they don’t vacate employer’s accommodation.
Supreme Court 562
 Writ court is not to decide factual aspects. Cal. HC 617

July 2017

 Reinstatement is not a rule even on illegal termination. Supreme Court 673, Del.HC 675
 Embezzlement, even temporary, is a serious misconduct. P&H HC 708
 Contract labour will be sham when the work of contractors’ workers was of perennial nature. Cal. HC 716
 Enquiry to be deemed as fair if not challenged by the workman. Del. HC 680
 Medical certificate when not questioned by employer, will not be deemed false. Del. HC 675
 No relief can be granted if terminated workman fails to prove to have worked for 240 days. Del. HC 684
 Repayment of misappropriated money would not absolve a person from punishment. Gau. HC 691
 Only appropriate government can decide for abolition of contract labour. Cal. HC 716
 Past record is important for imposition of punishment. Del. HC 678
 Labour Court not to interfere in dismissal when charges of serious nature have been proved.MP HC 699
 Damages for delayed payment of ESI dues to be reduced because of financial crises.Ker. HC 695
 Appropriate government for Gratuity Act will be Central if establishments are located in different States.
Karn. HC 714
 No relief to a terminated bank employee guilty for the breach of trust. MP HC 699
 Contractors’ workers when controlled by Principal employer, can claim absorption by latter.Cal. HC 716
 Modification of punishment by the Court/Tribunal only when enquiry is not held or found to be defective.
P&H HC 708
 Employer to pay compensation when injuries were caused during course of employment.Mad. HC 703
 Illegal termination to be challenged within three years but after 45 days of conciliation proceedings.
Mad. HC 704
 Non-production of attendance/wages register would establish that workman was in the employment.
Del. HC 675
 Non-participation in enquiry by workman despite intimation would not be violative of natural justice.
Del. HC 678
 Dismissal justified when charge of misappropriation is established.Del. HC 680
 Transfer not to be stalled merely because the union election process would be affected. Del. HC 682
 Industrial adjudicator to interfere with punishment only when so requested by the workman. P&H HC 708
 Courts not to interfere with punishment when employer has lost confidence in workman. Gau. HC 691

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

August 2017

 Union leader has no impunity from his transfer. Mad. HC 849

 Contractor’s workers will be entitled to same wages as regular employees. Supreme Court 785
 Termination for unauthorized absence too harsh. Gau. HC 811
 Fixed term employee can’t be reinstated. MP HC 808
 Civil Courts should stay away from claim for gratuity Mad. HC 861
 Greed of dishonest bus conductor is to cost his job. Karn. HC 840
 Daily allowance forms part of wages for calculating accident compensation. Gau. HC 813
 Compensation for accident only when it occurred during employment. Del. HC 793
 ESI Act applicable even when an establishment is covered by BO&CW Act. MP HC 799
 Gratuity can’t be withheld on non-vacating of employer’s accommodation. MP HC 803
 Settlement u/s 18(3)(b) of the ID Act will be binding on all employees. Mad. HC 846
 Dismissal justified when job obtained on forged education certificate. Karn. HC 844
 Legal notice can’t improve the deficiencies in FIR for claiming accident compensation.Del. HC 793
 Compensation is appropriate when employment was for short duration. Bom. HC 796
 Notice is imperative for the termination of employment. HP HC 827
 Misrepresentation for obtaining job amounts to moral turpitude. All. HC 816
 Clean service record will mitigate punishment of bank employee for disproportionate assets. Del. HC 792
 Government can’t delve on merits of a dispute to refer for adjudication. Bom. HC 798
 Excess working hours to be compensated by overtime. MP HC 806
 Deposit of renewal fee to justify holding of valid driving licence. Del. HC 787
 Coverage of an establishment under ESI merely on inspector report not tenable. Bom. HC 854
 Employer-employee relationship proved when averment of employee is not rebutted. Del. HC 789
 Evidence Act not applicable to Employees Compensation Act. Del. HC 789
 Contractor’s employees also to be covered under ESI. Bom. HC 855
 Insured employees are entitled to medical benefits from ESIC. Karn. HC 842
 On approval application, adjudicator to confine about compliance of condition u/s of 33 of the ID Act.
Guj. HC 831
 Notice for accident compensation is mandatory. Gau. HC 813
 Interest will be payable for delay in payment of awarded amount. Supreme Court 785
 An apprentice under Apprentices Act not to be covered under the EPF Act. MP HC 879
 EPF authority empowered to enforce attendance of any person. MP HC 879
 Writ petition filed after 5 years challenging the order of Appellate Tribunal will not be dismissed when
delay is justified. Pat. HC 870
 The EPF & MP Act are not empowered to direct employer for compliance of Bonus, Apprentices or
Minimum Wages Acts. MP HC 879
 Exercise of the option under Pension Scheme, would not foreclose the exercise of further option.
Supreme Court 866
 A trainee under standing orders not ‘employee’ to be covered under the Act. MP HC 879
 Proviso to clause of pension scheme permits an option to employer and employee from contribution
beyond salary ceiling. Supreme Court 866
 While holding proceedings under section 7A the EPF authority is vested with the powers of the Civil Court.
MP HC 879
 Without supporting evidence of financial loss, levy of damages not to be reduced in appeal. Del. HC 871

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 Frequency of number of defaults is relevant for reducing the damages for delayed deposit of
contributions. Bom. HC 875
 Identification of beneficiaries is imperative for determination of liability of an employer. MP HC 879
 No limitation for initiating action for recovery of damages for delayed payment. Bom. HC 875
 Appeal beyond expiry of prescribed period would not debar when no notice was served upon the
appellant. Raj. HC 868
 Authority must determine actual concrete difference in payment of contribution. MP HC 879

September 2017

 Dismissal of a union leader for assaulting Production Manager is justified. Mad. HC 917
 Denial of maternity benefits and termination is unfair labour practice. Bom. HC 912
 Govt. agencies to ensure compliance of required law by employers. Supreme Court 947
 Self-serving affidavit is not conclusive proof of employer-employee relationship. Del. HC 909
 Transfer is an incident of service when the job is transferable. Karn. HC 926
 If a complainant is an enquiry officer, he would be a biased Enquiry Officer. Ker. HC 920
 High Court not to interfere for change of enquiry officer without logical reasons. Gau. HC 957
 Employer-employee relationship not to exist in the absence of documentary proof. Del. HC 909
 Reinstatement is proper when the enquiry is declared void. P&H HC 915
 Applying ESI on an establishment merely on the report of inspector not justified. Bom. HC 927
 Abandonment in the absence of letters calling workman to report duty not legal. P&H HC 945
 An apprentice, not being workman, has no right for regularisation. Guj. HC 937
 Notice for claiming maternity benefit is only a procedural formality. Bom. HC 912
 Denial of reasonable opportunity is untenable when delinquent stopped participating in it. Del. HC 907
 Family difficulties are no grounds to stall the transfer. Karn. HC 926
 No leniency to a workman assaulting the Senior Officer. Mad. HC 917
 Employees, who admitted working for contractor, cannot be treated employees of principal employer.
 Cal. HC 940
 High Court not to interfere in the absence of any perversity in the enquiry. Hyd. HC 931
 No relief unless relationship of employer and employee is established. Bom. HC 928
 Prosecution of employer proper for non-payment of earned wages. Supreme Court 947
 Fixed term employee can’t seek regularisation. Del. HC 948
 Chronic heart disease would not to prevent compliance of transfer. Karn. HC 926
 Chronic heart disease would not to prevent compliance of transfer. Karn. HC 926
 Unless perverse, the High Court will not interfere in findings of enquiry. Del. HC 904
 Non-payment of suspension allowance not fatal to the enquiry. Del. HC 907
 Burden to prove employer-employee relationship lies on the workman. Del. HC 909
 Termination of contractual employee not illegal.Gau. HC 925
 Reinstatement not feasible when the establishment is closed. P&H HC 945
 Initiating enquiry long after issue of charge sheet not justified. Gau. HC 957
 Condonation of delay for appeal under Gratuity Act can be within additional 60 days. Mad. HC 943
 Dismissal of a workman employed for absence due to pregnancy, is illegal. Bom. HC 912
 Suspension allowance payable when the service rules so provide. Gau. HC 957
 EMPLOYEES’ PROVIDENT FUNDS & MP ACT
 Provident fund dues to the employees to be treated as top priority. Supreme Court 962

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 EPF Act is not applicable upon an establishment employing less than 20 employees. Gau. HC 963
 Under section 17-B of the Act, the liability is cast upon transferor and transferee. Ker. HC 965
 An appeal of under sections 7-A of the E P F Act lies only against a final order. P&H HC 967
 An employee will be entitled to the benefits of the Act irrespective of mode or source of payment of
wages. Raj. HC 968
 Once an appeal is decided on merit, it can be reopened only by way of review. Raj. HC 968
 Tribunal is deemed Civil Court in terms of section 7-J (2) of the Act. Mad. HC 973
 If an order passed by the judicial authority is not clear, the same is liable to be set aside. P&H HC 979
 Liability of transferee for EPF dues of transferor is limited to the value of assets transferred to it.
Ker. HC 965
 Words ‘inherent powers of Court’ and ‘for ends of justice’ are paramount and shall not be limited.
Mad. HC 973
 Remanding an order is proper when lower authority has not considered evidence. P&H HC 979
 When there is no express provision empowering the Tribunal, it can exercise inherent powers under
section 151 of CPC. Mad. HC 973
 A settlement u/s 18 of the I.D. Act debars a workman for claiming provident fund. Mad. HC 976
 Persons engaged through contractor on part time would be entitled to the benefits of the Act.
Raj. HC 968

October 2017

 Regional Sales Manager is not a ‘workman’. All. HC 1023

 Dismissal of an employee for theft is justified. Del. HC 1014
 Expenditure on construction/expansion of factory would attract ESI contributions. Ker. HC 1065
 Enquiry is fair when delinquent has already cross-examined witnesses. Chhat. HC 1032
 Ex-parte enquiry cannot be faulted when delinquent failed to respond notices. Hyd. HC 1034
 Principal employer is liable if contractor fails to pay wages to employees. P&H HC 1042
 Status of employee as a ‘workman’ can’t be decided as preliminary issue. Cal. HC 1045
 Having invoked the remedy under civil suit, an employee cannot raise industrial dispute. P&H HC 1054
 Industrial disputes are tenable at a place of employment or transfer. All. HC 1023
 Gratuity can be forfeited only on termination for prescribed misconducts. Cal. HC 1047
 Absence when treated to be ‘leave without pay’ is not a misconduct. Del. HC 1052
 Non-compliance of 25F of ID Act justifies reinstatement with back wages. HP HC 1068
 Transfer of an employee cannot be stalled because of his family difficulties. Cal. HC 1031
 Removal of employee when he has been informing illness of mother not justified. Del. HC 1052
 An employee committing theft loses confidence of employer. Chhat. HC 1032
 Dismissal of bank Manager untenable in absence of evidence of misconduct. Pat. HC 1071
 Deposit of determined gratuity is a condition precedent for filing appeal against Controlling Authority.
Cal. HC 1058
 An appeal under ESI Act filed after limitation period is liable to be rejected. Del. HC 1089
 No compensation on accident when employee went outside for food during interval. Guj. HC 1079
 Appeal not writ tenable for challenging order of Controlling Authority under Gratuity Act. Cal. HC 1058
 Request for re-cross examination of witnesses is to be rejected. Cal. HC 1060
 Denial of opportunity for cross examination of witnesses would vitiate inquiry by Internal Committee
under POSH Act. Del. HC 1014

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 No accident compensation payable in absence of proof about permanent/partial disability. Guj. HC 1083
 EMPLOYEES’ PROVIDENT FUNDS & MP ACT
 Use of electricity for cooling or heating in a college can’t be construed as ‘work with the aid of power’ for
the applicability of the Act. Bom. HC 1095
 Dealership of petroleum outlet is distinct from transfer as referred in section 17-B of the Act.
Ker. HC 1101
 Review petition to be dismissed in the absence of convincing grounds. Cal. HC 1104
 Demanding whole amount will be impractical in view of financial position of employer. Cal. HC 1115
 No Writ petition is tenable when appropriate remedy of appeal is available. Karn. HC 1118
 High Court can direct the Tribunal to adjudicate upon maintainability of appeal filed beyond period of
limitation. HP HC 1049
 RPFC can’t be an aggrieved party to file Writ against order of Tribunal. Karn. HC 1055
 An order not passed on merits by dismissing the appeal for non-prosecution can be set aside.
P&H HC 1119
 Any order by EPF Authority without power under Act is not sustainable. Karn. HC 1116
 Central Government can exempt any establishment retrospectively. Mad. HC 1110
 No coercive action against an employer for timely depositing PF dues in instalments. Cal. HC 1106
 Different institutions with separate code numbers cannot be treated as branches of other institution.
Karn. HC 1116
 Allowing installments to a defaulting employer would be practical solution for recovery of dues.
Cal. HC 1115
 A college availing grant in aid is exempted from coverage under sec. 16(1)(b) of the Act. Bom. HC 1095
 Writ petition untenable on availability of a forum for filing appeal. Cal. HC 1105
 Attaching bank account by EPF authority not proper since it will prevent the employer to pay the wages.
 Cal. HC 1106
 A member is not debarred opting to contribute higher wages to pension fund. HP HC 1107
 No exemption from coverage of establishment for engaging of aged persons. Mad. HC 1110
 Tribunal can’t entertain an appeal beyond prescribed period of limitation. HP HC 1049
 Reasonable opportunity to a party is imperative for passing any order. Jhar. HC 1103
 Petroleum dealer would be liable for coverage when employing 20 or more employees independently.
Ker. HC 1101
 Findings of employment of 20 persons can’t be interfered in writ jurisdiction. Mad. HC 1110
 A college functioning without aid of power can’t be covered under the Act. Bom. HC 1095

November 2017

 Dismissal of a sleeping chowkidar on duty is justified. Gau. HC 1150

 ESI contribution is payable on interim relief also. Supreme Court 1121
 Merely common entrance of two independent establishments not to be treated one for ESI coverage. Mad. HC
1176
 An Executive supervising one shift is not a ‘workman’. Cal. HC 1135
 Loss of confidence in an employee has to be pleaded/ proved for denial of reinstatement. MP HC 1187
 Conductor is not guilty for ticketless passengers travelling on bus roof. Raj. HC 1146
 Legal proceedings can only be at the place of sexual harassment. Gau. HC 1148
 Unexplained delay of five years for raising dispute is not justified. P&H HC 1138

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 Reinstatement is not a mechanical relief on all termination. P&H HC 1140

 Junior Engineer granting leave and assignment is not a ‘workman’. Guj. HC 1191
 No straightjacket formula for reinstatement in every illegal termination. MP HC 1187
 Appropriate government is not like a post office to refer every dispute. Mad. HC 1158
 No sympathy of court to an employer who delays the proceedings. Pat. HC 1153
 Employees working in shops inside the hotel are not coverable under Mad. HC 1180
 Compensation is appropriate for raising dispute after three years of termination. P&H HC 1140
 Interim relief to workman in a dispute for regularisation is not proper. Del. HC 1128
 Writ court is not to interfere in show cause notice. Jhar. HC 1141
 Employer is obliged to pay gratuity on retirement of employee. MP HC 1143
 Compensation is appropriate on termination of a part-time sweeper. Del. HC 1129
 Appellate authority may condone delay of 32 years, but the claim to be decided by Controlling Authority.
MP HC 1143
 Termination sans retrenchment compensation is illegal. MP HC 1187
 Gratuity, leave salary or pension not to be attached in a decree. Mad. HC 1178
 Clubbing of two independent establishments for coverage under ESI is not tenable. Mad. HC 1176
 Strict rules of evidence are not applicable in conducting enquiries. Bom. HC 1132
 TDS is not to be deducted on accident compensation. All. HC 1172
 Dependents will get compensation on the death of contract workers in accident. Mad. HC 1167
 EMPLOYEES’ PROVIDENT FUNDS & MP ACT
 Officer conducting enquiry under section 7A acts as a court. Supreme Court 1199
 Employer obliged only to contribute up to prescribed wage ceiling. Bom. HC 1201
 Independent franchisees would not be units for coverage of the Act. Ker. HC 1215
 Inordinate delay justifies dismissal of appeal against order under section 7A and 14B of the Act.
Cal. HC 1208
 Insult of public servant is punishable offence under section 228 of IPC. Supreme Court 1199
 Revocation of exemption on establishment can be on justifiable reasons. Bom. HC 1201
 Attachment of bank account of employer can be lifted by the High Court. Cal. HC 1209
 Applicability of the Act on establishment can’t be challenged along with order u/s 7A. Cal. HC 1210
 Excess contribution of prescribed ceiling can be reduced by employer. Bom. HC 1201
 Writ court can direct EPF authority to decide grievances within fixed time. P&H HC 1214
 Proceedings under section 7A are judicial by fiction. Supreme Court 1199
 Mere application for exemption would not confirm any benefit to establishment. Cal. HC 1210
 Employees of franchises would not be treated as employees of the granter. Ker. HC 1215
 Disposal of review application without hearing employer is to be set aside. Guj. HC 1224
 EPF dues payable to the employees would get first priority. Supreme Court 1226
 An order not challenged within prescribed limitation becomes final. Cal. HC 1210
 No relief to an intentional non participator before the trial court. P&H HC 1212
 Employer can opt more beneficial than EPF Scheme for employees. Bom. HC 1201
 Delay of 60+60=120 days for filing appeal is not to be condoned. Cal. HC 1208
 EPF Authority will pass reasoned order on review after hearing both sides. Guj. HC 1224
 Interest is to be paid by the EPF on failing to refund the access amount. Bom. HC 1201

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

December 2017

 Reinstatement of a workman guilty of abusing, showing his chappals and threatening his senior is to be
quashed. Ori. HC 1247
 Retrenchment sans compensation renders termination illegal. Jhar. HC 1254
 Opportunity for hearing is imperative before imposition of punishment. All. HC 1239
 51 days wages rightly allowed under Minimum Wages Act when the claimants have worked for all 365
days. Jhar. HC 1252
 Evidence of passengers is imperative in an enquiry against conductor for not issuing tickets.
Supreme Court 1233
 Insurer, not the insured is liable to pay accident compensation to claimants. Del. HC 1234
 Plea of delay of raising of dispute be should be taken before labour authorities. HP HC 1256
 Full back-wages on reinstatement payable when gainful employment of workman is not proved.
Jhar. HC 1254
 Prosecution for non-implantation of award is untenable when workman was reinstated. MP HC 1251
 Impleading of contactor is necessary for claiming wages from principal employer. Guj. HC 1240
 Even if contract of apprenticeship not signed an apprentice will not become a workman. Guj. HC 1236
 Compensation and difference of minimum wages is properly allowed by the authority under Minimum
Wages Act. Jhar. HC 1252
 Denial of back-wages on reinstatement is not a rule of thumb. Cal. HC1260
 Labour Court/Tribunal will adjudicate only the terms of reference of a dispute. HP HC 1256
 Writ petition not tenable pertaining to disputed facts. Guj. HC 1240
 Principle of “no-work, no-pay” shall not apply when the workman was not at fault. Cal. HC1260
 Back-wages with reinstatement to a workman guilty of misconducts is to be vitiated. Ori. HC 1247
 Denial of approval for dismissal by Tribunal is not proper when workman was provided opportunity in
enquiry. Ori. HC 1245
 Writ petition, without exhausting alternate remedy, is not maintainable. Guj. HC 1240
 Disciplinary authority must issue show cause notice to a workman with proposed punishment after
conclusion of enquiry. All. HC 1239
 An apprentice engaged under Apprentices Act, 1961 will not be a ‘workman’. Guj. HC 1236
 Contract labour must be paid their wages in presence of principal employer. Jhar. HC 1252
 EMPLOYEES’ PROVIDENT FUNDS & MP ACT
 Attachment of bank account without hearing of employer is liable to be quashed. Karn. HC 1277
 Divorcee can’t be permitted to continue as ‘nominee’ of the deceased husband. Ker. HC 1268
 Writ petition not tenable when due opportunity for hearing was given to employer. Cal. HC 1266
 Serious sickness of wife is a genuine and sufficient cause to justify the non-appearance of a party.
Ori. HC 1271
 Non-providing proper opportunity of hearing is against the principles of natural justice. Ori. HC 1271
 Mere residence of petitioner is not sufficient to approach the Madras Court for disburse his PF dues.
Mad. HC 1238
 Two simultaneous proceedings in EPF Tribunal and Writ Court) are not maintainable. Cal. HC 1265
 Attachment of bank account is to be lifted for payment of puja bonus. Cal. HC 1265
 Delayed filing of writ petition challenging EPF dues rightly dismissed. Cal. HC 1266
 Non-issuing of mandatory notice is high-handedness of the EPF Authority. Karn. HC 1277
 No relief can be granted by court in the absence of any such prayer. MP HC 1270

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676
 Important Labour Judgments January to December 2017 at Glance

 Whenever a quasi-judicial authority has acted without jurisdiction, the Writ can set aside. Ori. HC 1271
 Financial difficulties are no grounds to justify delayed EPF remittance. P&H HC 1275
 Seeking new relief in writ petition is not admissible. MP HC 1270
 Instalments facility can be allowed for payment of EPF dues. Cal. HC 1276
 Non-providing fund to the Municipality by the Government is no ground to escape from liability of EPF
dues. Cal. HC 1266
 Unless a part of cause of action arose within the territory of the Court, it cannot be clothed with territorial
jurisdiction. Mad. HC 1238
 Courts are to aid the aggrieved persons to render justice by taking away the technicalities of law.
Ker. HC 1268
 Writ petition is to be dismissed without territorial jurisdiction. Mad. HC 1238
 Employees’ Provident Funds legislation is to provide welfare to the employees. Ker. HC 1268
 An appeal, filed before EPF Tribunal, cannot be withdrawn if Presiding Judge is not available.
Cal. HC 1265
 No mitigation for pleading that hereinafter the payment will be made in time. Cal. HC 1266
 Delayed payment of pension and salary not justified. All. HC 1264
 If first wife is divorced, the second wife would be entitled to be nominee. Ker. HC 1268

Compiled from Labour Law Reporter Arghaa HR Technologies, www.arghaa.com

Made for HR; Made by HR, Mobile:9940027676