JUDGMENTS OF JUL 2012

• No demonstration by union/workers within 100 metres of the establishment.
  LLR Del. HC 673
• A casual employee will also be a ‘workman’.
  LLR Del. HC 675
• Reinstatement is to be set aside when employer was ready to take the absentee on production of medical certificate.
  LLR Ker. HC 692
• No bias can be inferred if an Advocate, as an Enquiry Officer, was paid by the Company.
  LLR Bom. HC 732
• Mere coverage under Provident Fund & Bonus Acts, of trainees, will not make them regular employees.
  LLR Guj. HC 690
• Trainee is not “employee” under Provident Fund Act.
  LLR All. HC 742
• Leave is to be earned by an employee while working.
  LLR P&H HC 733
• Enquiry will be vitiated when adjournment sought with wife’s medical certificate and not granted.
  LLR Del. HC 681
• No accident compensation in the absence of ‘employer-employee’ relationship.
  LLR Mad. HC 696
• For levying damages under section 14-B of the EPF&MP Act, there must be a mens rea.
  LLR Mad. HC 704
• Validity of enquiry must be decided as preliminary issue. 
  LLR All. HC 709
• No mechanical reinstatement even when termination is illegal.
  LLR Del. HC 718
• When petitioner took over Management after commission of offence, prosecution under Factories Act to be quashed.
  LLR Jhar. HC 754
• Younger brother of deceased cannot claim compensation under the Act. 
  LLR MP HC 755
• Findings of the Insurance Court are not to be interfered with.
  LLR Mad. HC 763
• Striking of names of the absentees sans enquiry is not legal.
  LLR Del. HC 738
• Proceedings under S.7-A of the Act are of quasi judicial nature.
  LLR Pat. HC 779
• Exempted establishments are not liable to pay EPF contributions for contractors having code numbers.
  LLR Mad. HC 702
• Removal of a workman, without ‘approval’, is not valid.
  LLR Raj. HC 690
• Prosecution justified when the factory, employing 170 females, has no crèche.
  LLR Jhar. HC 751
• Disciplinary proceedings would be vitiated due to absence of complainant, the vital witness.
  LLR Cal. HC 743
• No EPF contribution of such employees payable when enquiry report does not mention their names.
  LLR Pat. HC 779
• No forfeiture of gratuity on pendency of criminal trial.
  LLR All. HC 782
• Controlling Authority under Gratuity Act can’t enforce settlement between employer and employee.
  LLR Mad. HC 699
• Controlling Authority can decide only claims specified under the Gratuity Act.
  LLR Mad. HC 699
• Unreasonable delay has no rational in referring a dispute. 
  LLR Del. HC 683
• Termination, in violation of section 25-F of I.D. Act, is illegal.
  LLR Del. HC 686
• Unexplained delay of six years, in raising a dispute, would disentitle any relief.
  LLR Del. HC 713
• A stale dispute should not be referred unless supported with reason for condonation.
  LLR All. HC 773
• “Permanent total disablement” entitles pension to the member under Employees’ Pension Scheme.
  LLR Ori. HC 757
• Insurer can’t escape liability from compensation when accident resulted into death of an employee on thresher attached to the tractor.
  LLR Raj. HC 771
• Reinstatement can’t be stalled on the pretext that the reference of dispute was belated.
  LLR HP HC 770
• Compensation deposit certificate is must for filing appeal in High Court.
  LLR Ker. HC 774
• Last drawn wages under S.17-B of I.D. Act are not returnable even if employer succeeds.
  LLR Del. HC 736
• Exemption of establishment from provident fund will not exclude workers of contractors.
  LLR Pat. HC 777
• Workers can’t shout abusive slogans. 
  LLR Del. HC 673
• Compensation, instead of reinstatement, would subserve the ends of justice.
  LLR Del. HC 686/ LLR Del. HC 718
• Writ of Certiorari to be issued for correcting errors of jurisdiction. 
  LLR Del. HC 713
• Acquittal from criminal case will limit the scope and findings of enquiry.
  LLR Bom. HC 732
• Occupier and manager of factory shall be liable for violation of Factories Act.
  LLR Jhar. HC 751
• Disciplinary Authority has to deal with the objections as raised.
  LLR Cal. HC 743
• Compliance of S.25F of I.D. Act is mandatory on termination of workman having worked for 240 days.
  LLR Guj. HC 759
• Punishment to driver for unproved charges is not legal.
  LLR Guj. HC 768
• Admission in cross-examination can certainly be used against the Management.
  LLR Del. HC 738