IMPORTANT JUDGEMENTS for February 2022

IMPORTANT JUDGEMENTS

 An employee can't be represented in the enquiry by an outsider or a legal practitioner.
2022 LLR 120
SUPREME COURT OF INDIA

 Dismissal of a rash and negligent driver is just and proper.
2022 LLR 126
SUPREME COURT OF INDIA

 Transfer of an employee cannot be thwarted due to personal difficulties or language problems.
2022 LLR 164
KARNATAKA HIGH COURT

 Departmental enquiry can be held simultaneously with criminal trial.
2022 LLR 171
JHARKHAND HIGH COURT

 Insurer can't deny compensation on accidental death of insured helper or cleaner.
2022 LLR 131
SUPREME COURT OF INDIA

 Termination of a probationer unsatisfactory performance would not be stigmatic.
2022 LLR 183
BOMBAY HIGH COURT

 Interference in punishment not justified when enquiry is held as fair and proper.
2022 LLR 126
SUPREME COURT OF INDIA

 Contractor's employee cannot claim relief from the principal employer on his termination.
2022 LLR 162
PUNJAB AND HARYANA HIGH COURT

 An ex-parte award will be set aside when there is bona fide mistake in noting down the next date of hearing.
2022 LLR 139
DELHI HIGH COURT

 An appeal against the award of Accident Compensation Commissioner will lie only on substantial question of law.
2022 LLR 119
SUPREME COURT OF INDIA

 Delinquent employee can be represented in an enquiry by a co-employee but not either by retired employee or lawyer.
2022 LLR 120
SUPREME COURT OF INDIA

 A workman cannot challenge retrenchment after accepting the compensation.
2022 LLR 140
DELHI HIGH COURT

 Non-appearance due to medical reasons will be valid reason for setting aside ex-parte award.
2022 LLR 139
DELHI HIGH COURT

 A trainee is not covered under definition of 'employee' under POSH Act.
2022 LLR 147
GAUHATI HIGH COURT

 Retrenchment compensation is not required on termination of a fixed term employee.
2022 LLR 151
GUJARAT HIGH COURT

 Production bonus, medical & washing allowances etc. are not wages for ESI contributions.
2022 LLR 154
MADRAS HIGH COURT

 A Demonstration Representative working on commission will be a 'workman'.
2022 LLR 157
ORISSA HIGH COURT

 Two units to be clubbed for coverage when there is interdependence.
2022 LLR 204
CHHATTISGARH HIGH COURT

 Freezing of bank account of employer should not be in a knee-jerk manner.
2022 LLR 218
DELHI HIGH COURT

 Recovery can be stayed when initiated before prescribed limitation period of appeal.
2022 LLR 222
JHARKHAND HIGH COURT

 Purchaser of an establishment from liquidator can't be liable for arrears by the original owner.
2022 LLR 234
KARNATAKA HIGH COURT

 Ex-parte order due to non-appearance of advocate is to be set aside on cost of Rs. 50,000.
2022 LLR 192
SUPREME COURT OF INDIA

 Exemption can be granted to a Trust when more favourable benefits are given by it to employees.
2022 LLR 209
DELHI HIGH COURT

 While levying damages the mitigating circumstances should also be considered.
2022 LLR 214
UTTARAKHAND HIGH COURT

 Appeal tenable against a composite order levying damages and interest for delayed deposit.
2022 LLR 198
CALCUTTA HIGH COURT

 Delay for filing appeal beyond 120 days cannot be condoned by Tribunal or higher court.
2022 LLR 225
RAJASTHAN HIGH COURT

 Attachment of bank account during pendency of review is unjustified.
2022 LLR 201
CALCUTTA HIGH COURT

 Coercive measures shall not be taken against the employer till grant of exemption.
2022 LLR 209
DELHI HIGH COURT

 Restoration of appeal may be effected subject to heavy costs.
2022 LLR 212
HIMACHAL PRADESH HIGH COURT

 EPF Authority is not bound to apply the uppermost or the lowermost table for levy of damages.
2022 LLR 214
UTTARAKHAND HIGH COURT

 Criminal complaint untenable against employer during pendency of appeal.
2022 LLR 193
BOMBAY HIGH COURT

 Writ petition is maintainable when no alternative remedy is available.
2022 LLR 201
CALCUTTA HIGH COURT

 Freezing of account of a defaulting employer by EPFO should not be intimidating to its clients.
2022 LLR 218
DELHI HIGH COURT

 No criminal proceeding is tenable on depositing the determined amount.
2022 LLR 193
BOMBAY HIGH COURT

 No appeal lies against order levying interest only for delayed deposit of EPF dues.
2022 LLR 198
CALCUTTA HIGH COURT