Age no bar

The Supreme Court has held that a disciplinary authority can hold a fresh enquiry even after the delinquent employee has retired. The Allahabad High Court had set aside a previous order of punishment as the enquiry committee had denied the delinquent the opportunity of defending himself. A question arose before the Supreme Court as to whether a fresh enquiry can be held as the man had retired by then. Modifying the order of the high court, the Supreme Court gave liberty to the authorities to hold fresh enquiry as charges levelled against the employee were serious (UP Co-operative Federation Ltd vs L.P. Rai).

Nipped in the bud

An export-oriented floriculture company contended that the employees’ Provident Fund Act does not apply to it as it does not use soil and therefore does not come within the purview of “agricultural farms” or “botanical gardens” in respect of which the Act is applicable. The company used fused rock instead of soil and the “drip irrigation” method to achieve greater productivity. Disagreeing, the Karnataka High Court pointed out that the method adopted is an advanced form of agriculture. Just because no soil is used, it cannot be said that the establishment does not come within the ambit of the term “agriculture”. In any event, being an export-oriented unit, the company is covered under List 24 of classes of establishment to which the Act applies (M/s Vasari Florex vs Regional Provident Fund Commissioner, Bangalore & Others).

Reality bites

A workman is entitled to compensation under the Workman’s Compensation Act if he dies or is injured “in course of employment”. A driver got off the motor vehicle while unloading goods and a dog bit him. The insurance company contended that the injury occurred when the vehicle was not in use and therefore not in “course of employment”. A Full Bench of the Kerala High Court held that to unload the goods, the vehicle had to remain stationery and hence, it was still in use. Therefore the driver was entitled to compensation under the Act, the court ruled. (Oriental Insurance Co. Ltd vs K.V. Joseph & Another).

SOLON