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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
THE CENTRAL BOARD OF TRUSTEES AND 2 ORS. – Appellant
Versus
Oil India Ltd. – Respondent
| Table of Content |
|---|
| 1. factual and procedural background of the dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. appellate jurisdiction excludes review rejection orders. (Para 15 , 16 , 17 , 18) |
| 3. remand of appeal to decide original authority order. (Para 19 , 20) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. P. K. Roy, the learned Senior Counsel assisted by Ms. A. Chakraborty, the learned counsel appearing on behalf of the Petitioners. Mr. K. Kalita, the learned counsel appears on behalf of the Oil India Limited and Mr. B. Chakraborty, the learned counsel appears on behalf of the Proforma Respondent No.3. None appears on behalf of the Proforma Respondent No.2.
2. The Petitioners herein have assailed the order dated 07.09.2018 passed by the learned Central Government Industrial Tribunal-cum-Labour Court, Guwahati in P.F. (Appeal) No.06/2017.
3. The brief facts which led to the filing of the instant writ petition are that the Respondent No.1, during the course of operation, engaged many contractors for execution of various works at various locations. Contract labourers were engaged by those contractors for execution of such contract works. Such contractors were require
The court emphasized that review applications under the Act must afford an opportunity for hearing to the aggrieved party, reinforcing principles of natural justice.
The main legal point established in the judgment is the authority of the Regional Provident Fund Commissioner to decide the entitlement of an employee to become a member and the date from which the e....
The main legal point established in the judgment is the requirement for orders to be speaking and the importance of adhering to principles of natural justice in administrative proceedings.
The right to appeal under the Employees Provident Fund Act is strictly governed by statute and does not extend to orders made under Sections 8B to 8G, as recognized by the court.
The court established that the Central Board of Trustees has the standing to challenge Tribunal orders and that the assessment of PF contributions must be based on actual wages drawn by employees, no....
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The main legal point established is that the pendency of a representation before the concerned authority can exclude the time for filing an appeal, and the provisions of the Limitation act, 1963, can....
The Appellate Tribunal acted without jurisdiction by entertaining an appeal barred by limitation, and mens rea is not required for civil liabilities.
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