CASE LAWS: Employees’ provident funds…

CASE LAWS: Employees’ provident funds and miscellaneous provisions act, 1952:
Nomination of wife would not deprive the mother of the deceased to share out of EPF dues (Bombay High Court, 217)
EPFO to upload all orders as passed by their Officers. Delhi High Court, 199)
Denial of opportunity to employer for cross examination of departmental witness is not proper (Bombay High Court, 201)
Application for quashing of F.I.R is not sustainable when the F.I.R is based on the enquiry by Enforcement Officer since it needs trail on merit. (Bombay High Court 203)
Payment of EPF dues in installment can be allowed on consideration of impecunious circumstances (Kerala High Court, 205)
Inspection Report can be challenged under Section 7 A of the Act and not in High Court (Kerala High Court, 208)
Transference is not liable to pay any amount on disputed claims to the employees of transferor (Allahabad High Court, 228)
Ex-parte order is liable to be set aside when notice not properly served (Delhi High Court, 207)

Important decisions under:

Factories Act, 1948 (b) Employees’ Compensation Act, 1823, (c) Industrial Disputes Act, 1947, (d) Minimum Wages Act, 1948, ( e) Employees’ State Insurance Act, 1948, (f) Payment of gratuity Act, 1972, (g)Payment of Bonus Act, 1965, (h) Contract Labour (Regulation and Abolition Act, 1970, (i)Payment of Wages Act, 1936, (j) Maternity Benefit Act, 1961 (k) Sexual Harassment of Women at Work place (Prevention, Prohibition and redressal) Act, 2013.

An enquiry is set aside when started with evidence of the workman (Rajasthan High court, 183).
Pendency of criminal trailis no bar to hold an enquiry ( Allahabad High Court, 148)
Employer to pay accident compensation for permitting a truck driver to
drive without licence. (Supreme Court, 130)
Murder of an employee due to personal animosity is not an accident for claiming compensation (Karnataka HighCourt 971).
A religious establishment involved in commercial activities is an ‘Industry’ (Kerala High Court, 166)
. Gratuity to a widow cannot be denied even if she was getting pension (Madras High Court, 195).
. Insurer is not liable to pay compensation if the vehicle was driven in breach of insurance Policy (Supreme Court, 130).

A special CBI Court on 6th January, 2021 has sentenced an Assistant Provident Fund Commissioner to three years Jail in a disproportionate assets case and his wife and mother –in- law for two years Jail for abetting the Offence and facilitating him to keep ill-gotten money in a Bank Locker held jointly by the mother –in-law and his wife.