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Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.
Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.
Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.
Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.
Calcutta High Court emphasised that the appropriate Government has not cancelled or amended the terms of the exemption under Section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
The Court held that the contradiction between agreement and provisions of the Payment of Gratuity Act, 1972, rendered the agreement unenforceable in terms of payment of gratuity.
Calcutta High Court held that tea plantation owners cannot challenge Government’s Wage Enhancements after willingly accepting them for so long.