IMPORTANT JUDGEMENTS for October 2021

IMPORTANT JUDGEMENTS

 No reinstatement but compensation will be appropriate on termination due to procedural defects.
2021 LLR 920
SUPREME COURT OF INDIA

 Unless provided an amendment can''t be retrospective.
2021 LLR 917
SUPREME COURT OF INDIA

 Sundays and holidays to be counted for 240 days working of an employee
2021 LLR 967
RAJASTHAN HIGH COURT

 Working for 240 days for 12 months ensures job security even to a daily wager
2021 LLR 924
BOMBAY HIGH COURT

 Gratuity paid is exempted up to the prescribed ceiling under Income Tax.
2021 LLR 917
SUPREME COURT OF INDIA

 Mere FIR for breach of trust would not justify forfeiture of gratuity.
2021 LLR 930
BOMBAY HIGH COURT

 Workman must prove to have worked for 240 days in the preceding 12 months.
2021 LLR 932
DELHI HIGH COURT

 Compensation instead of reinstatement would be proper when the industrial dispute has prolonged for 23 years.
2021 LLR 935
GUJARAT HIGH COURT

 Termination even for habitual absence must be as per the Industrial Disputes Act.
2021 LLR 942
HIMACHAL PRADESH HIGH COURT

 Maternity benefit only when the employee has put in 80 days of service
2021 LLR 964
KARNATAKA HIGH COURT

 Last drawn wages during pendency of proceeding in higher Court only when dismissal is challenged.
2021 LLR 932
DELHI HIGH COURT

 Writ Court can''t correct factual errors in an Award.
2021 LLR 948
KERALA HIGH COURT

 Appeal untenable if employer fails to deposit the amount as directed by the Court
2021 LLR 946
MADRAS HIGH COURT

 Ex-parte award when set aside, the adjudication will be afresh.
2021 LLR 963
RAJASTHAN HIGH COURT

 An employee exonerated by the police investigation would be reinstated pending enquiry
2021 LLR 956
PUNJAB AND HARYANA HIGH COURT

 Writ Court to ensure that subordinate Court and Tribunal obey the law.
2021 LLR 948
KERALA HIGH COURT

 Principal employer supervising employee of service provider has to extend maternity benefit
2021 LLR 943
ALLAHABAD HIGH COURT

 Reinstatement on illegal termination of a workman to have worked for 247 days not proper after 19 years of litigations.
2021 LLR 965
MADHYA PRADESH HIGH COURT

 Determination of EPF contributions without identification of actual beneficiaries is not sustainable
2021 LLR 1023
ORISSA HIGH COURT

 An employer can''t deduct the employer''s contribution from the wage of the employee
2021 LLR 1016
CALCUTTA HIGH COURT

 Stay of recovery order pending appeal on account of COVID 19 is appropriate
2021 LLR 972
ANDHRA PRADESH HIGH COURT

 EPF Authority shall give opportunity of hearing to petitioner before passing orders in the review.
2021 LLR 1015
TELANGANA HIGH COURT

 Amount recovered by EPF authority to be credited to the respective account of beneficiaries
2021 LLR 1010
MADRAS HIGH COURT

 Without establishing employer-employee relationship raising demand for EPF dues is not sustainable
2021 LLR 1000
MADRAS HIGH COURT

 Imposing damages, without establishing mens rea or financial crisis faced by employer, is not proper
2021 LLR 998
MADRAS HIGH COURT

 Where payment is linked to a special incentive or extra work, it will not constitute ''basic wages''
2021 LLR 1010
MADRAS HIGH COURT

 An order passed under sections 7A and 7Q of Act together, is a composite hence appealable.
2021 LLR 984
DELHI HIGH COURT

 Recovery by EPF Authority without notice to employer or without waiting for limitation for filing appeal is illegal.
2021 LLR 974
BOMBAY HIGH COURT

 Dismissal of review application by the EPF Authority, without notice to employer, is set aside.
2021 LLR 976
BOMBAY HIGH COURT

 Recovery order or attachment of bank account of employer by EPF Authority during pendency of appeal is to be avoided.
2021 LLR 972
ANDHRA PRADESH HIGH COURT

 No limitation is prescribed for recovering arrears of dues from the employer.
2021 LLR 991
ORISSA HIGH COURT

 Special allowances are ''basic wages'' (a) if not variable; (b) if not linked to incentive.
2021 LLR 1010
MADRAS HIGH COURT

 Judicial authorities ought to consider the documents on the record submitted through any mode including email.
2021 LLR 1013
TELANGANA HIGH COURT

 Staying ex-parte order subject to deposit of Rs.300,000/- is within the jurisdiction of the High Court.
2021 LLR 1022
CALCUTTA HIGH COURT

 An ex-parte order imposing damages and interest without hearing the employer is to be set aside.
2021 LLR 1022
CALCUTTA HIGH COURT