IMPORTANT JUDGEMENTS for January 2020

IMPORTANT JUDGEMENTS

 Rs.25 lakh as compensation to complainant for sexual harassment, loss of reputation & emotional distress etc.
2020 LLR 40
MADHYA PRADESH HIGH COURT

 A worker guilty of theft loses confidence of employer hence; dismissal is justified.
2020 LLR 26
JHARKHAND HIGH COURT

 Denial of back wages on illegal termination will be construed as rewarding the employer.
2020 LLR 24
MADHYA PRADESH HIGH COURT

 Complaint for violation of Contract Labour (CLR&A) Act can be filed within three months.
2020 LLR 37
KARNATAKA HIGH COURT

 Back wages on reinstatement can be denied if the employment of workman is established.
2020 LLR 24
MADHYA PRADESH HIGH COURT

 Reinstatement with back wages appropriate when the enquiry is set aside.
2020 LLR 1
SUPREME COURT OF INDIA

 Owner of house liable, if contractor fails, to pay accident compensation.
2020 LLR 9
DELHI HIGH COURT

 An exempted establishment cannot be burdened with the payment of gratuity.
2020 LLR 17
MADRAS HIGH COURT

 Running a factory without a licence is criminal offence.
2020 LLR 6
SUPREME COURT OF INDIA

 No relief on termination if the workman has not served for 240 days.
2020 LLR 11
GUJARAT HIGH COURT

 Conviction by Court for involvement in moral turpitude would justify the forfeiture of gratuity.
2020 LLR 31
JHARKHAND HIGH COURT

 Reasons must be given, when disciplinary authority disagrees with findings of enquiry officer.
2020 LLR 1
SUPREME COURT OF INDIA

 Limited scope for interference by Labour Court when the enquiry is held to be fair and proper.
2020 LLR 26
JHARKHAND HIGH COURT

 Dismissal for unauthorised absence unjustified when a workman was in severe family problems.
2020 LLR 13
ALLAHABAD HIGH COURT

 Awarding back wages on reinstatement is not automatic.
2020 LLR 22
MADHYA PRADESH HIGH COURT

 Unauthorised absence of over two years without reason would justify dismissal.
2020 LLR 7
DELHI HIGH COURT

 Appropriate government can't delve into merits of a dispute by a workman.
2020 LLR 35
KARNATAKA HIGH COURT

 Mere pendency of criminal case could not justify denial of gratuity.
2020 LLR 29
JHARKHAND HIGH COURT

 Documents of an employer when not denied by workman will be admitted in evidence.
2020 LLR 11
GUJARAT HIGH COURT

 No gratuity payable to a corrupt and immoral employee.
2020 LLR 31
JHARKHAND HIGH COURT

 Misappropriation for employer's money amounts to moral turpitude for forfeiture of gratuity.
2020 LLR 31
JHARKHAND HIGH COURT

 Medical expert, not the compensation commissioner, can determine the loss of earning capacity on accident of an employee.
2020 LLR 15
GAUHATI HIGH COURT

 Reinstatement with back wages appropriate relief on wrongful dismissal.
2020 LLR 22
MADHYA PRADESH HIGH COURT

 Employer be provided an opportunity for representation in proceedings under section 7A of Act.
2020 LLR 96
MADRAS HIGH COURT

 Rs.50,000 as penalty imposed upon a hospital for non-constituting of internal complaint committee under POSH Act.
2020 LLR 40
MADHYA PRADESH HIGH COURT

 Compliance of section 25F of ID Act only when worker has worked for 240 days.
2020 LLR 11
GUJARAT HIGH COURT

 Over Rs.79 crore to be deposited by EPF authority to settle claims of eligible employees.
2020 LLR 96
MADRAS HIGH COURT

 Determination of EPF dues sans identification of beneficiaries not tenable.
2020 LLR 77
PATNA HIGH COURT

 Full-fledged enquiry under section 7A of the Act is to be conducted for the determination of money due from the employer.
2020 LLR 96
MADRAS HIGH COURT

 Delayed deposit of EPF dues would attract damages and interest.
2020 LLR 71
DELHI HIGH COURT

 Delayed deposit of EPF dues would attract damages and interest.
2020 LLR 71
DELHI HIGH COURT

 Principal employer not liable for contractor''s employees, if also working for other employers.
2020 LLR 67
DELHI HIGH COURT

 Special allowance without any speciality would attract EPF contributions.
2020 LLR 110
MADRAS HIGH COURT

 Installment can be allowed when an employer is facing crises.
2020 LLR 79
MADRAS HIGH COURT

 Installment can be allowed when an employer is facing crises.
2020 LLR 92
MADRAS HIGH COURT

 Installment can be allowed when an employer is facing crises.
2020 LLR 117
MADRAS HIGH COURT

 Damages/interest for delayed deposit of EPF dues can be waived/reduced only when an establishment is declared as a sick unit.
2020 LLR 80
MADRAS HIGH COURT

 Damages/interest for delayed deposit of EPF dues can be waived/reduced only when an establishment is declared as a sick unit.
2020 LLR 82
MADRAS HIGH COURT

 No condonation of delay for filing appeal beyond the prescribed period is permissible.
2020 LLR 82
MADRAS HIGH COURT

 Emoluments, necessarily and ordinarily paid to all employees, will attract EPF contributions.
2020 LLR 110
MADRAS HIGH COURT

 Levy of damages not justified in the absence of mens rea on the part of employer.
2020 LLR 90
MADRAS HIGH COURT

 Tribunal is empowered to waive completely or partially the pre-deposit determined the amount.
2020 LLR 67
DELHI HIGH COURT

 Order for reduction of damages without any reason is liable to be quashed.
2020 LLR 93
MADRAS HIGH COURT

 High Court can condone delay for filing an appeal due to severe personal difficulties.
2020 LLR 69
DELHI HIGH COURT

 Damages and interest to be attracted for belated payment without sufficient cause.
2020 LLR 83
MADRAS HIGH COURT

 Appeal not writ petition tenable to challenge the order under section 7A of the Act.
2020 LLR 108
MADRAS HIGH COURT

 Damages can''t be reduced unless proof of sickness of the unit is furnished.
2020 LLR 93
MADRAS HIGH COURT

 Variable payments to employees like encashment of leave not to be treated as '˜basic wages.
2020 LLR 110
MADRAS HIGH COURT

 Apprentices under Apprenticeship Act not '˜employees' to be covered under the Act.
2020 LLR 114
KERALA HIGH COURT

 Violation of the Act will attract criminal action.
2020 LLR 113
PUNJAB AND HARYANA HIGH COURT

 A principal employer cannot shift the responsibility of EPF dues upon the contractor.
2020 LLR 108
MADRAS HIGH COURT