IMPORTANT JUDGEMENTS for February 2021

IMPORTANT JUDGEMENTS

 Absolute devotion, integrity and honesty is required from every bank employee.
2021 LLR 119
SUPREME COURT OF INDIA

 An enquiry is set aside when started with evidence of the workman.
2021 LLR 183
RAJASTHAN HIGH COURT

 Presumption of abandonment of job is justified on prolonged unauthorized absence of a worker.
2021 LLR 159
KERALA HIGH COURT

 Pendency of criminal trial no bar to hold an enquiry.
2021 LLR 148
ALLAHABAD HIGH COURT

 Delinquent employee cannot seek permission for engaging counsel in the enquiry.
2021 LLR 196
MADRAS HIGH COURT

 Termination is justified for theft by an employee.
2021 LLR 173
JHARKHAND HIGH COURT

 Employer to pay accident compensation for permitting a truck driver to drive without licence.
2021 LLR 130
SUPREME COURT OF INDIA

 No prohibition under the Factories Act for initiating criminal action under Indian Penal Code.
2021 LLR 151
MADHYA PRADESH HIGH COURT

 Disability on accident is to be calculated by the qualified medial practitioner.
2021 LLR 139
CHATTISGARH HIGH COURT

 Charge memo is not proper in the absence of reference to subsistence allowance.
2021 LLR 196
MADRAS HIGH COURT

 A religious establishment involved in commercial activities is an ''industry''.
2021 LLR 166
KERALA HIGH COURT

 Non-compliance of Court''s order amounts to contempt attracting punishment.
2021 LLR 137
DELHI HIGH COURT

 Reducing the punishment of dismissal for theft would increase indiscipline.
2021 LLR 173
JHARKHAND HIGH COURT

 Dismissal from service during the pendency of a criminal case is not proper.
2021 LLR 148
ALLAHABAD HIGH COURT

 Strict rules of evidence are not applicable to the departmental enquiry.
2021 LLR 119
SUPREME COURT OF INDIA

 Gratuity to a widow cannot be denied even if she was getting pension.
2021 LLR 195
MADRAS HIGH COURT

 Insurer is not liable to pay compensation if the vehicle was driven in breach of insurance policy.
2021 LLR 130
SUPREME COURT OF INDIA

 Dismissal for theft, even if not serious, will be justified.
2021 LLR 170
JHARKHAND HIGH COURT

 Engaging of defence assistant in enquiry depends upon Certified Standing Orders.
2021 LLR 196
MADRAS HIGH COURT

 Nomination of wife would not deprive the mother of the deceased to share out of EPF dues.
2021 LLR 217
BOMBAY HIGH COURT

 EPFO is to upload all orders as passed by their officers as directed by the High Court.
2021 LLR 199
DELHI HIGH COURT

 Limitation to avail of legal remedies will run from the order as supplied to the employer.
2021 LLR 199
DELHI HIGH COURT

 Denial of opportunity to employer for cross-examining department witness is not proper.
2021 LLR 201
BOMBAY HIGH COURT

 F.I.R. not to be quashed when enquiry is held on report of Enforcement Officer.
2021 LLR 203
BOMBAY HIGH COURT

 Payment of EPF dues in instalment can be allowed on consideration of impecunious circumstances.
2021 LLR 205
KERALA HIGH COURT

 Employees could not be made to run from one authority to another for receiving payment.
2021 LLR 228
ALLAHABAD HIGH COURT

 Besides email to parties, the orders under section 7A be made available to litigants and their counsels.
2021 LLR 199
DELHI HIGH COURT

 Inspection Report can be challenged under section 7-A of the Act, not in High Court.
2021 LLR 208
KERALA HIGH COURT

 Transferee is not liable to pay any amount on disputed claims to the employees of transferor.
2021 LLR 228
ALLAHABAD HIGH COURT

 EPF Appellate Authority is empowered to reduce or waive off the condition of pre-deposit of an appeal.
2021 LLR 215
DELHI HIGH COURT

 Ex-parte order is liable to be set aside when notice not properly served.
2021 LLR 209
DELHI HIGH COURT

 Notices to the parties to be delivered one week prior to the date of hearing.
2021 LLR 209
DELHI HIGH COURT

 Criminal breach of trust committed by the employer by not depositing EPF dues despite deduction of employee's.
2021 LLR 205
KERALA HIGH COURT

 Adverse inference is to be drawn if an employer fails to produce records.
2021 LLR 222
PUNJAB AND HARYANA HIGH COURT

 EPF Authority is to redress the complaint expeditiously.
2021 LLR 228
PUNJAB AND HARYANA HIGH COURT

 Transferee is liable to pay arrears of EPF dues of employees to the transferor.
2021 LLR 228
ALLAHABAD HIGH COURT

 EPF Authority must ensure that proper opportunity of hearing is given to employer.
2021 LLR 209
DELHI HIGH COURT