IMPORTANT JUDGEMENTS for January 2022

IMPORTANT JUDGEMENTS

 Transfer of workmen in violation of service conditions will be illegal.
2022 LLR 1
SUPREME COURT OF INDIA

 Reinstatement is not an automatic for every wrongful termination of a workman.
2022 LLR 12
DELHI HIGH COURT

 Civil Court has no jurisdiction in matters under the Industrial Disputes Act.
2022 LLR 9
SUPREME COURT OF INDIA

 Option for extension of service will not deprive the right of employees to receive gratuity.
2022 LLR 1
SUPREME COURT OF INDIA

 Plea not taken at Insurance Court cannot be taken before the higher court.
2022 LLR 19
MADRAS HIGH COURT

 Challenging termination at Delhi, not Mumbai, would be appropriate where workman was serving.
2022 LLR 21
DELHI HIGH COURT

 Reinstatement when awarded will be only at a place where the workman was employed.
2022 LLR 24
MADRAS HIGH COURT

 Habitual drinking on duty, and physical fights with colleagues are grave misconducts.
2022 LLR 12
DELHI HIGH COURT

 Appointment of an advocate as enquiry officer in violation of standing orders will be illegal.
2022 LLR 56
JHARKHAND HIGH COURT

 Dispute raised after 10 years of termination is not tenable.
2022 LLR 42
GUJARAT HIGH COURT

 No relief against termination to an employee who did not work for 240 days in preceding one year.
2022 LLR 26
KARNATAKA HIGH COURT

 Reinstatement with back wages appropriate relief on illegal termination of a workman.
2022 LLR 30
MADHYA PRADESH HIGH COURT

 An enquiry when held in violation of natural justice is liable to be vitiated.
2022 LLR 34
MADHYA PRADESH HIGH COURT

 Writ petition against a private entity is not maintainable.
2022 LLR 40
PUNJAB AND HARYANA HIGH COURT

 60% earning capacity suffered on shortening of leg in accident of an employee.
2022 LLR 61
KARNATAKA HIGH COURT

 Judgment and decree passed by the Civil Court without jurisdiction, is a nullity.
2022 LLR 9
SUPREME COURT OF INDIA

 Exclusion from coverage of ESI when number of employees was less than 10.
2022 LLR 19
MADRAS HIGH COURT

 Absence of breakup of the cost of construction will be 25% towards labour cost for ESI contributions.
2022 LLR 15
MADRAS HIGH COURT

 Initiating recovery during pendency of appeal, but non-functioning of tribunal, will not be sustainable.
2022 LLR 82
ALLAHABAD HIGH COURT

 Not issuing notice by EPF Authority prior to imposition of damages is not sustainable.
2022 LLR 85
ALLAHABAD HIGH COURT

 An order by provident fund authority on evaluation report is not legal.
2022 LLR 93
KERALA HIGH COURT

 EPF Appellate Tribunal is vested with powers to regulate its own procedure.
2022 LLR 87
DELHI HIGH COURT

 Same person cannot be a judge and a complainant both, in view of the principle of natural justice.
2022 LLR 113
DELHI HIGH COURT

 Imposition of damages and interest for delayed remittance is justified.
2022 LLR 85
ALLAHABAD HIGH COURT

 Instalments permitted for remission of determined dues since no prejudice will be caused.
2022 LLR 92
KERALA HIGH COURT

 Attachment of the entire property for a much lesser amount is not proper.
2022 LLR 93
KERALA HIGH COURT

 Direction issued for passing fresh order for levy of damages when employer was not heard.
2022 LLR 85
ALLAHABAD HIGH COURT

 Virtual hearing is possible only where sufficient evidence is already on record.
2022 LLR 94
KERALA HIGH COURT

 EPF authority has to recover dues from employer to be credit into the account of the employee.
2022 LLR 98
KERALA HIGH COURT

 Under section 7A Regional/Asstt. EPF Commissioner is vested with powers of the Civil Court.
2022 LLR 99
Orissa HIGH COURT

 Non-consideration of representation of a party by a Statutory Authority would amount to dereliction of duty.
2022 LLR 101
MADRAS HIGH COURT

 Till disposal of application for waiver of pre-deposit for appeal the Authority should not initiate recovery.
2022 LLR 82
ALLAHABAD HIGH COURT

 Recall of an order on procedural grounds is distinct from review of earlier order.
2022 LLR 87
DELHI HIGH COURT

 Non-speaking order by EPF Authority is liable to be set aside.
2022 LLR 93
KERALA HIGH COURT

 On default of a single installment, EPF Authority shall be free to recover the full amount.
2022 LLR 92
KERALA HIGH COURT

 On default of a single installment, EPF Authority shall be free to recover the full amount.
2022 LLR 105
MADRAS HIGH COURT

 Any procedural recall order can be passed by the EPF Appellate Tribunal.
2022 LLR 87
DELHI HIGH COURT