IMPORTANT JUDGEMENTS for October 2022

IMPORTANT JUDGEMENTS

 Reinstatement of negligent bus driver must be set aside when misconduct was proved.
2022 LLR 1063
SUPREME COURT OF INDIA

 Sickness certificates not showing an in-door patient may not be treated as medical certificate.
2022 LLR 1101
ORISSA HIGH COURT

 When enquiry is vitiated the employer's legal right is to prove the charges.
2022 LLR 1065
DELHI HIGH COURT

 Appeal under ESI Act lies only on substantial question of law.
2022 LLR 1075
JHARKHAND HIGH COURT

 Employer has right to challenge the final award on preliminary issue.
2022 LLR 1065
DELHI HIGH COURT

 Gratuity payable when there is no break in ten years' service.
2022 LLR 1088
KERALA HIGH COURT

 Dismissal without fair and proper enquiry is not sustainable.
2022 LLR 1093
ORISSA HIGH COURT

 Social Security Officer of ESI can demand from employer for any relevant information.
2022 LLR 1075
JHARKHAND HIGH COURT

 Negligence may not be misconduct but negligent bank employee can have no immunity.
2022 LLR 1082
GUJARAT HIGH COURT

 Denial of hearing to aggrieved woman is a clear violation of POSH Act.
2022 LLR 1097
TRIPURA HIGH COURT

 Holding meetings in the factory premises without any permission would justify dismissal.
2022 LLR 1095
PUNJAB AND HARYANA HIGH COURT

 Termination of drunkard ward boy refusing to take orders and sitting without shirt is justified.
2022 LLR 1129
ALLAHABAD HIGH COURT

 Confirmation of probation of an employee who availed full maternity period is automatic.
2022 LLR 1118
MADRAS HIGH COURT

 Industrial Tribunal is to decide the validity of enquiry and not as to how it should be held.
2022 LLR 1127
CALCUTTA HIGH COURT

 Artificial break of two days in contracts cannot be a device to deny the maternity benefits.
2022 LLR 1121
KERALA HIGH COURT

 Compensation, not reinstatement is justified when the employer lost confidence in employee.
2022 LLR 1093
ORISSA HIGH COURT

 Accident compensation payable when owner allowed a person without licence to drive vehicle.
2022 LLR 1090
KARNATAKA HIGH COURT

 Discretion to award punishment lies with disciplinary authority.
2022 LLR 1095
PUNJAB AND HARYANA HIGH COURT

 Non-remitting of EPF dues after deducting the employee's share is criminal breach of trust.
2022 LLR 1145
JHARKHAND HIGH COURT

 Section 7-A does not provide any limitation for conducting enquiry.
2022 LLR 1137
CHHATTISGARH HIGH COURT

 Freezing of Bank Account of the employer without prior notice is not sustainable.
2022 LLR 1144
GAUHATI HIGH COURT

 If the post of lying Tribunal is vacant, High Court can grant stay of recovery.
2022 LLR 1148
KARNATAKA HIGH COURT

 Transferor and transferee both are jointly and severally liable to pay EPF arrears.
2022 LLR 1155
TELANGANA HIGH COURT

 Employees' to be covered under the Act are to be identified by holding a full-fledged en-quiry.
2022 LLR 1162
CALCUTTA HIGH COURT

 Ex-parte appeal can't be restored beyond one month.
2022 LLR 1176
MADRAS HIGH COURT

 No appeal lies against levy of interest.
2022 LLR 1141
DELHI HIGH COURT

 An order of trial court, if the same is not in accordance with law, is to be quashed.
2022 LLR 1145
JHARKHAND HIGH COURT

 Petitioners not liable for EPF dues because they purchased only movable assets, in good faith.
2022 LLR 1155
TELANGANA HIGH COURT

 EPF Authority restrained to take coercive step for recovery allowed by High Court.
2022 LLR 1147
JHARKHAND HIGH COURT

 Defaulting establishment is bound to pay damages.
2022 LLR 1150
KARNATAKA HIGH COURT

 Reasonable monthly installments be allowed for payment of interest.
2022 LLR 1152
MADRAS HIGH COURT

 Review without providing adequate opportunity to employer is untenable.
2022 LLR 1153
ORISSA HIGH COURT

 Transferee not liable to pay EPF who got possession of the property by operation of law.
2022 LLR 1155
TELANGANA HIGH COURT

 For claiming provident fund dues, workman can't approach the High Court
2022 LLR 1136
BOMBAY HIGH COURT

 Appeal is maintainable against the orders passed under section 7-A or 7-B or 7-C or 14-B of the Act.
2022 LLR 1141
DELHI HIGH COURT

 A reasonable time for filing appeal after on drawing writ petition may be granted.
2022 LLR 1147
JHARKHAND HIGH COURT

 Period spent in writ petition to be excluded from the period of limitation for filing appeal.
2022 LLR 1153
ORISSA HIGH COURT