IMPORTANT JUDGEMENTS for January 2021

IMPORTANT JUDGEMENTS

 Supreme Court sets aside worker''s transfer stayed by industrial Court and confirmed by High Court.
2021 LLR 1
SUPREME COURT OF INDIA

 Opportunity of explanation must be given to an employee on forfeiture of gratuity.
2021 LLR 14
BOMBAY HIGH COURT

 An employee, holding transferable post, cannot ask to remain posted at a particular place.
2021 LLR 60
MADHYA PRADESH HIGH COURT

 Termination of a workman without enquiry is illegal.
2021 LLR 11
DELHI HIGH COURT

 Regularisation of contract labour in absence of privity of contract with principal employer is not sustainable.
2021 LLR 33
MADRAS HIGH COURT

 No retrenchment compensation on abandonment.
2021 LLR 29
MADRAS HIGH COURT

 Damages justified on the abnormal delay of eight years in remittance of ESI contributions.
2021 LLR 49
CALCUTTA HIGH COURT

 Even after holding fair and proper enquiry, reference cannot be dismissed.
2021 LLR 47
PUNJAB AND HARYANA HIGH COURT

 Restoration of an ex-parte award is to be allowed otherwise it will destroy the valuable right.
2021 LLR 19
MADRAS HIGH COURT

 Transferor and transferee jointly and severally liable for arrears of ESI contributions.
2021 LLR 49
CALCUTTA HIGH COURT

 Extending the probation period three times without reference to the performance is not proper.
2021 LLR 14
BOMBAY HIGH COURT

 Gratuity cannot be forfeited of an employee for abandonment.
2021 LLR 40
PUNJAB AND HARYANA HIGH COURT

 Transfer of MRs from Kolkata to Bhopal and Chandigarh not illegal as per appointment letter.
2021 LLR 56
CALCUTTA HIGH COURT

 Retrenchment quashed when compensation not paid simultaneously.
2021 LLR 14
BOMBAY HIGH COURT

 Whether a person is a workman or not mainly depends upon nature and type of work.
2021 LLR 60
MADHYA PRADESH HIGH COURT

 Assistant Manager performing clerical job is a workman.
2021 LLR 11
DELHI HIGH COURT

 Principal employer will have to pay accident compensation to worker of a contractor.
2021 LLR 9
DELHI HIGH COURT

 Refusal for employment would not justify reinstatement of such workman. Mad. HC 29 Mere change of name does not affect the identity of a company.
2021 LLR 49
CALCUTTA HIGH COURT

 Assessing EPF dues only on balance-sheet is unsustainable.
2021 LLR 69
DELHI HIGH COURT

 Limitation for filing appeal to be calculated from the date of the order by EPF Authority.
2021 LLR 71
DELHI HIGH COURT

 Ex-Parte order untenable in the absence of receipt of notice to the employer.
2021 LLR 69
DELHI HIGH COURT

 Delay in remittance PF dues not justified in the absence of supporting financial difficulties.
2021 LLR 82
KERALA HIGH COURT

 Employees of contractor would be covered under the provident fund.
2021 LLR 100
MADRAS HIGH COURT

 All allowances other than house rent paid to all employees would attract provident fund contributions.
2021 LLR 73
KERALA HIGH COURT

 Special allowance is not a wage when linked with extra work.
2021 LLR 102
MADRAS HIGH COURT

 Incentive variable, linked with production, not wages to attract contributions.
2021 LLR 73
KERALA HIGH COURT

 Writ petition by aggrieved employer is not maintainable without exhausting remedy of appeal.
2021 LLR 100
MADRAS HIGH COURT

 Damages imposed upon the employer may be allowed to be remitted in reasonable instalments.
2021 LLR 82
KERALA HIGH COURT

 Principal employer to ensure remitting EPF contribution by contractor.
2021 LLR 100
MADRAS HIGH COURT

 EPF dues may be permitted in instalments when employer is facing financial crisis.
2021 LLR 106
MADRAS HIGH COURT

 Appeal, not writ, against orders of EPF Authority under sections 7-A,7-B,14-B & 7-Q etc., is tenable.
2021 LLR 107
SUPREME COURT OF INDIA

 When appeal is filed within extended period of prescribed limitation, condonation of delay is justified.
2021 LLR 71
DELHI HIGH COURT

 No further notice is required when a party appears under proceedings and adjourned for next date.
2021 LLR 69
DELHI HIGH COURT

 An agency providing security services to various establishments is covered under the EPF Act
2021 LLR 107
SUPREME COURT OF INDIA

 EPF Authority has no power either to reduce or to increase the rate of interest.
2021 LLR 87
MADHYA PRADESH HIGH COURT