IMPORTANT JUDGEMENTS for December 2021

IMPORTANT JUDGEMENTS

 Initial burden of proof for coverage of establishment lies upon ESI.
2021 LLR 1160
MADRAS HIGH COURT

 Prohibition for working of women during night in factories is not unconstitutional.
2021 LLR 1169
KERALA High Court

 Seeking transfer to a particular place is not sustainable in the absence of a vacancy.
2021 LLR 1180
HIMACHAL PRADESH HIGH COURT

 Proving misconduct in an enquiry is not so rigid like a criminal trial.
2021 LLR 1153
Supreme Court of India

 Dismissal from service for absenting due to medical reasons should have been modified.
2021 LLR 1184
MADRAS HIGH COURT

 Prosecution for violation of Contract Labour (R&A) Act is redundant after delay of 34 years.
2021 LLR 1165
JHARKHAND HIGH COURT

 No sympathy can be extended to an employee guilty of financial irregularities.
2021 LLR 1187
ALLAHABAD HIGH COURT

 Interference by Courts is only when punishment is grossly disproportionate.
2021 LLR 1153
Supreme Court of India

 Appeal against findings of facts by Employees' Insurance Court not tenable.
2021 LLR 1160
MADRAS HIGH COURT

 Employees Compensation Act has no provision that driver dying in accident was drunk.
2021 LLR 1176
Telangana High Court

 Circular providing graded amount for compensation on reinstatement cannot be faulted.
2021 LLR 1182
Rajasthan High Court

 Instead of 25% labour charges for ESI contribution to be remitted for re-determination.
2021 LLR 1160
MADRAS HIGH COURT

 Fabrication of documents as produced not presumed when not shown to inspector.
2021 LLR 1160
MADRAS HIGH COURT

 No violation of natural justice when employer was heard personally.
2021 LLR 1174
TELANGANA HIGH COURT

 Clubbing two establishments with common control and inter se functional integrality will be coverable under the Act.
2021 LLR 1192
BOMBAY HIGH COURT

 Delay in filing a writ petition due to Covid-19 is a valid reason.
2021 LLR 1205
PUNJAB AND HARYANA HIGH COURT

 Appeal rightly dismissed due to failure of appellant for pre deposit amount.
2021 LLR 1197
BOMBAY HIGH COURT

 Recovery of determined money before expiry of period for filing of appeal not proper.
2021 LLR 1205
PUNJAB AND HARYANA HIGH COURT

 Custodial interrogation of employer uncalled for when the determined amount has been remitted.
2021 LLR 1199
BOMBAY HIGH COURT

 Defreezing bank of account of defaulting employer at the instance of police officer will not be legal.
2021 LLR 1197
BOMBAY HIGH COURT

 Writ petition disposed of in view of settlement between the petitioner and respondent.
2021 LLR 1192
BOMBAY HIGH COURT

 On pre-deposit of the demanded amount by the employer, the bank account will be defreezed.
2021 LLR 1197
BOMBAY HIGH COURT

 Appeal will be restored on compliance of pre-deposit by the appellant.
2021 LLR 1197
BOMBAY HIGH COURT

 Appeal within time returned on technical ground would not be time barred for its re-filing.
2021 LLR 1214
PUNJAB AND HARYANA HIGH COURT

 A judgment not passed on merits is liable to be remanded.
2021 LLR 1206
PUNJAB AND HARYANA HIGH COURT

 Appeal, not writ is an appropriate remedy to challenge order under section 7-A.
2021 LLR 1208
Himachal Pradesh High Court

 An order to be set aside if any aspect on record is not considered.
2021 LLR 1206
PUNJAB AND HARYANA HIGH COURT

 A subsidiary of a company has been rightly clubbed for coverage under the Act.
2021 LLR 1192
BOMBAY HIGH COURT

 For recovery, the concerned authority should have approached the magistrate and the police.
2021 LLR 1197
BOMBAY HIGH COURT

 EPF authority should pass fresh orders by considering the material on record.
2021 LLR 1200
BOMBAY HIGH COURT

 Remand of proceedings to the tribunal was justified since some documents were not considered.
2021 LLR 1192
BOMBAY HIGH COURT

 Dismissal of writ petition proper in the absence of jurisdiction or perversity of error on adjudication by Tribunal.
2021 LLR 1202
BOMBAY HIGH COURT

 Writ court can allow employer to file appeal and also seek condonation of delay.
2021 LLR 1208
Himachal Pradesh High Court

 Despite providing priority for recovery of EPF dues, the prescribed procedure is to be followed.
2021 LLR 1197
BOMBAY HIGH COURT

 Ministry of Labour and Employment is empowered to confer territorial jurisdiction of appellate tribunals.
2021 LLR 1204
JHARKHAND HIGH COURT

 Employer will not be arrested for default when he has given personal bond besides one or two sureties.
2021 LLR 1199
BOMBAY HIGH COURT

 Sufficient time will be given to the public body for the production of records for a very old period.
2021 LLR 1200
BOMBAY HIGH COURT

 There will be scope to interfere with the order of the lower court when the matter was remanded for re-consideration.
2021 LLR 1192
BOMBAY HIGH COURT

 Recovered amount by PF authority is to be dispersed amongst beneficiaries on compliance with formalities
2021 LLR 1202
BOMBAY HIGH COURT

 Tribunal can remove or waive the pre-deposit for admission of appeal.
2021 LLR 1205
PUNJAB AND HARYANA HIGH COURT

 Installment for payment EPF dues appropriate because of financial difficulties of employer.
2021 LLR 1209
MADRAS HIGH COURT

 Recovery of EPF dues to be made as per procedure and not resorting to any high handed or coercive tactics in contravention of law.
2021 LLR 1212
MADRAS HIGH COURT

 One-sided judgment is liable to be set aside.
2021 LLR 1206
PUNJAB AND HARYANA HIGH COURT

 Appeal to be filed within 60 or another 60 days only after showing sufficient cause for filing.
2021 LLR 1213
MADRAS HIGH COURT

 Anticipatory bail will be allowed to employer when nothing more is to be recovered from him by PF authorities.
2021 LLR 1199
BOMBAY HIGH COURT

 EPF authority can determine liability of employer only by giving full opportunity.
2021 LLR 1211
MADRAS HIGH COURT

 Courts have a limited scope of interference in cases of dismissal after fair and proper enquiry.
2021 LLR 1153
Supreme Court of India

 Two establishments with a common bill counter and entrance rightly clubbed for ESI coverage.
2021 LLR 1174
TELANGANA HIGH COURT

 Transfer of HR Executive as Liaison Officer not tenable.
2021 LLR 1180
HIMACHAL PRADESH HIGH COURT

 Failing to give weightage to the medical evidence by enquiry officer would vitiate the enquiry.
2021 LLR 1184
MADRAS HIGH COURT

 Dismissal of a cashier indulging in embezzlement of employer's money would be justified.
2021 LLR 1187
ALLAHABAD HIGH COURT

 Apprentices unless working like employees can't be construed as employees for coverage under ESI.
2021 LLR 1160
MADRAS HIGH COURT

 Drunkenness and riotous/disorderly behaviour at the premises of bank would justify dismissal.
2021 LLR 1153
Supreme Court of India

 Reinstatement will be appropriate when dismissal is disproportionate to the misconduct.
2021 LLR 1184
MADRAS HIGH COURT

 Delay would be condoned for claiming wages for sufficient cause.
2021 LLR 1166
JHARKHAND HIGH COURT

 Modification of dismissal is not proper for prolonged absence as proved in enquiry.
2021 LLR 1167
KARNATAKA HIGH COURT

 Loaders/unloaders occasionally entering establishment not employees under ESI.
2021 LLR 1160
MADRAS HIGH COURT

 A plea of employer that employee was on contract without proof not tenable.
2021 LLR 1179
Uttarakhand High Court

 Transfer, if not mala fide, can't be stayed.
2021 LLR 1180
HIMACHAL PRADESH HIGH COURT

 Enquiry Officer was bound to consider explanation of workman before giving his findings.
2021 LLR 1184
MADRAS HIGH COURT

 Labour Court not empowered to allow interest on claim for legal dues of a workman.
2021 LLR 1158
GUJARAT HIGH COURT