IMPORTANT JUDGEMENTS for November 2021

IMPORTANT JUDGEMENTS

 Reinstatement with back wages on every illegal termination is not automatic.
2021 LLR 1035
SUPREME COURT OF INDIA

 Reinstatement of an employee on the loss of employer''s confidence is not justified.
2021 LLR 1040
SUPREME COURT OF INDIA

 Abandonment to be presumed when workman did not resume duty despite intimation.
2021 LLR 1050
DELHI HIGH COURT

 Recommendation of Internal Complaint Committee without any reasoning is unsustainable.
2021 LLR 1059
HIMACHAL PRADESH HIGH COURT

 Reporting on duty and entering room of Principal in drunken condition is a grave misconduct.
2021 LLR 1061
HIMACHAL PRADESH HIGH COURT

 Burden to prove of unemployment during interregnum is on the workman
2021 LLR 1040
SUPREME COURT OF INDIA

 Non Registration of principal employer or licence by contractor, the workers will be treated as employees of principal employer
2021 LLR 1035
SUPREME COURT OF INDIA

 Dismissal is to be set aside when misconduct not proved.
2021 LLR 1038
SUPREME COURT OF INDIA

 No back wages when unemployment not proved by workman during pendency of dispute.
2021 LLR 1040
SUPREME COURT OF INDIA

 Abandonment of workman not to be inferred in the absence of termination.
2021 LLR 1050
DELHI HIGH COURT

 Manufacturing activity with 10 or more workers with power is essential to be a factory.
2021 LLR 1046
SUPREME COURT OF INDIA

 Reinstatement not justified merely on violation of section 25F of the ID Act.
2021 LLR 1035
SUPREME COURT OF INDIA

 Reinstatement not justified merely on violation of section 25F of the ID Act.
2021 LLR 1038
SUPREME COURT OF INDIA

 Service conditions can''t be altered during pendency of industrial dispute.
2021 LLR 1055
DELHI HIGH COURT

 Standard of discipline is of high degree in educational institutes.
2021 LLR 1061
HIMACHAL PRADESH HIGH COURT

 A work of pumping of water will be treated as manufacturing process in a factory.
2021 LLR 1046
SUPREME COURT OF INDIA

 Communication sent at recorded address will be deemed to have been received.
2021 LLR 1050
DELHI HIGH COURT

 Dismissal of workmen without approval under S.33-2(b) of ID Act is unjustified.
2021 LLR 1040
SUPREME COURT OF INDIA

 Adjudicator, not government, can determine that dispute is belated.
2021 LLR 1066
HIMACHAL PRADESH HIGH COURT

 For holding enquiry under section 7A of the Act, complaint is not necessary.
2021 LLR 1100
Madhya Pradesh High Court

 Habitual defaulter of EPF dues does not deserve any relief.
2021 LLR 1132
CALCUTTA HIGH COURT

 Order of attachment illegal within the limitation period for filing appeal u/s 7A of the Act.
2021 LLR 1127
KARNATAKA HIGH COURT

 Installments can be allowed by Tribunal considering financial difficulties of the employer.
2021 LLR 1104
MADRAS HIGH COURT

 No interest will be credited if an account of member has become inoperative.
2021 LLR 1112
DELHI HIGH COURT

 No appeal can be filed against an order of EPF authority under section 7Q pertaining to interest
2021 LLR 1105
DELHI HIGH COURT

 Time for pre deposit not stated does not mean that it cannot be deposited any time.
2021 LLR 1135
MADRAS HIGH COURT

 During enquiry under section 7A, any person other than employer or employee can be asked to cooperate.
2021 LLR 1100
Madhya Pradesh High Court

 On default of instalment, whole amount can be recovered from employer.
2021 LLR 1104
MADRAS HIGH COURT

 Use of printed format to issue orders is not legal.
2021 LLR 1129
KERALA HIGH COURT

 Two separate orders passed on the same day u/s 7Q and 14B to be treated as composite order.
2021 LLR 1105
DELHI HIGH COURT

 A determining authority must consider and decide the objections by the employer.
2021 LLR 1100
Madhya Pradesh High Court

 EPF&MP Act does not mandate the authorities to impose penalty in every case.
2021 LLR 1102
PUNJAB AND HARYANA HIGH COURT

 No interest will be payable on dormant accounts if notification not challenged.
2021 LLR 1112
DELHI HIGH COURT

 Another 60 days extended for filing appeal when the order of attachment has been made during prescribed limitation.
2021 LLR 1127
KARNATAKA HIGH COURT

 Authority is expected to pass composite order rather than independent order.
2021 LLR 1105
DELHI HIGH COURT

 An order for levy of damages during pendency of appeal is illegal.
2021 LLR 1127
KARNATAKA HIGH COURT

 Coercive action for recovery can be converted into installment on the request of employer.
2021 LLR 1136
MADRAS HIGH COURT

 Direct application for withdrawal to EPF authority be tenable if unable to get endorsed by employer.
2021 LLR 1127
KARNATAKA HIGH COURT