IMPORTANT JUDGEMENTS for February 2020

IMPORTANT JUDGEMENTS

 Dismissal of a workman for misappropriation of money is justified.
2020 LLR 119
SUPREME COURT OF INDIA

 One who breaches a bond has to pay damages as stipulated to serve for prescribed period
2020 LLR 155
KARNATAKA HIGH COURT

 Shouting at the woman employee by a male officer can't be construed '˜sexual harassment'.
2020 LLR 169
DELHI HIGH COURT

 Resignation after its valid acceptance can't be withdrawn.
2020 LLR 149
MADRAS HIGH COURT

 Adverse inference to be drawn if an employer does not reply to the demand notice by a workman.
2020 LLR 124
DELHI HIGH COURT

 Misappropriation of public money is a grave misconduct.
2020 LLR 164
KARNATAKA HIGH COURT

 Dismissal of workman will be set aside when enquiry violates principle of natural justice.
2020 LLR 134
MADHYA PRADESH HIGH COURT

 A complaint of sexual harassment in Women Cell can be transferred to the Internal Committee of employer.
2020 LLR 128
BOMBAY HIGH COURT

 Dismissal for pilferage and assaulting the checking staff is justified.
2020 LLR 167
KARNATAKA HIGH COURT

 Dismissal of an employee is illegal without enquiry, if he failed to comply with a transfer order.
2020 LLR 130
MADHYA PRADESH HIGH COURT

 A sales promotion employee is a workman under ID Act.
2020 LLR 130
MADHYA PRADESH HIGH COURT

 Disciplinary proceedings can be initiated by an authority lower the status of the delinquent officer.
2020 LLR 120
SUPREME COURT OF INDIA

 Abandonment can't be presumed if no letter is written to workman for resumption of his duty.
2020 LLR 124
DELHI HIGH COURT

 A transfer is illegal in violation of section 9A of the Industrial Disputes Act.
2020 LLR 130
MADHYA PRADESH HIGH COURT

 An inquiry will be fair when delinquent cross-examined the complainant.
2020 LLR 122
SUPREME COURT OF INDIA

 Claim for damages is justified if the employee fails to serve in breach of undertaking.
2020 LLR 155
KARNATAKA HIGH COURT

 Failure to deposit amount by the cashier of the bank will justify his termination.
2020 LLR 164
KARNATAKA HIGH COURT

 Medical Representative is not a '˜workman' under the Industrial Disputes Act.
2020 LLR 140
MADHYA PRADESH HIGH COURT

 Contract labour system can be abolished only on compliance of section 10(2) of the Contract Labour (R&A) Act.
2020 LLR 162
KARNATAKA HIGH COURT

 Full back wages on reinstatement justified if gainful employment is not proved.
2020 LLR 134
MADHYA PRADESH HIGH COURT

 Merely Presiding Officer of ICC was a colleague of respondent is no ground to doubt her integrity.
2020 LLR 169
DELHI HIGH COURT

 In banking service, honesty and integrity are important factors.
2020 LLR 164
KARNATAKA HIGH COURT

 Misappropriation of money of employer is a grave and serious misconduct.
2020 LLR 119
SUPREME COURT OF INDIA

 Inappropriate behaviour of a male staff with a woman will not be '˜sexual harassment'.
2020 LLR 169
DELHI HIGH COURT

 Order under section 7-A of the Act without a proper opportunity to the employer is liable to be set aside.
2020 LLR 211
PUNJAB AND HARYANA HIGH COURT

 EPF authority has to summon a contractor with an independent code number.
2020 LLR 197
MADRAS HIGH COURT

 EPF Authority under Section 7-A of the Act is required to collect more evidence for proper adjudication of the dispute.
2020 LLR 222
CALCUTTA HIGH COURT

 Arrest warrant against the principal employer without summoning of contractors with independent Code numbers not sustainable.
2020 LLR 197
MADRAS HIGH COURT

 EPF authority has to dispose of objections raised by employer u/s 7-A of the Act.
2020 LLR 187
KERALA HIGH COURT

 EPF Authority must avoid attachment of bank accounts of the employer before disposal of objections raised by the employer.
2020 LLR 189
KERALA HIGH COURT

 Issuing recovery notice to a person not impleaded in section 7-A of Act is unsustainable.
2020 LLR 211
PUNJAB AND HARYANA HIGH COURT

 Principal employer liable to pay damages for delayed deposit of contractor's money as retained for timely deposit.
2020 LLR 185
GUJARAT HIGH COURT

 An unreasoned order under section 7A of the Act is liable to be rejected.
2020 LLR 177
BOMBAY HIGH COURT

 Instead of keeping the attached amount, the beneficiaries have to be identified for making payment.
2020 LLR 222
CALCUTTA HIGH COURT

 A party cannot be permitted to file the writ petition and an appeal at the same time.
2020 LLR 210
PATNA HIGH COURT

 EPF authority can't attach bank account without issuing prescribed notice to the employer.
2020 LLR 222
CALCUTTA HIGH COURT

 Shifting of the office cannot be the sufficient cause for condonation of delay in filing the appeal.
2020 LLR 175
DELHI HIGH COURT

 Non-consideration of '˜excluded employees' proves non-application of mind by the EPF authority.
2020 LLR 177
BOMBAY HIGH COURT

 Demand of EPF dues under section 7-A for the old period when the Act was not applicable, is not sustainable.
2020 LLR 181
BOMBAY HIGH COURT

 EPF Authority must dispose of the employer's objections by passing a speaking order.
2020 LLR 189
KERALA HIGH COURT

 An employee getting wages more than the prescribed ceiling will be excluded from coverage.
2020 LLR 175
DELHI HIGH COURT

 An employer is not liable to deposit EPF dues when wages were not paid during the closure period.
2020 LLR 199
ORISSA HIGH COURT

 When the financial crisis is proved, the remittance of EPF dues in instalments is justified.
2020 LLR 174
MADRAS HIGH COURT

 For levying damages establishing mens rea on the part of the employer is an essential ingredient.
2020 LLR 229
MADRAS HIGH COURT

 An order passed by CGIT Tribunal without territorial jurisdiction is not sustainable.
2020 LLR 190
MADHYA PRADESH HIGH COURT

 Condonation of delay in filing an appeal without sufficient cause can't be allowed.
2020 LLR 175
DELHI HIGH COURT

 Principal employer has to provide correct addresses of the contractor to the EPF Authority.
2020 LLR 197
MADRAS HIGH COURT

 Writ petition is maintainable if the decision-making process was contrary to law.
2020 LLR 222
CALCUTTA HIGH COURT

 EPF Authority is under an obligation to provide certified or attested copies of records relating to the concerned employer.
2020 LLR 194
MADRAS HIGH COURT

 Levy of damages is not justified if the financial crisis of employer is proved
2020 LLR 194
MADRAS HIGH COURT