IMPORTANT JUDGEMENTS for March 2021

IMPORTANT JUDGEMENTS

 Embezzlers deserve dismissal from service.
2021 LLR 243
Delhi High Court

 Reinstatement is not a rule of thumb for every termination.
2021 LLR 297
Madhya Pradesh High Court

 Termination of service of an officer based on legal advice will be set aside.
2021 LLR 273
GUJARAT HIGH COURT

 Leaving duty to comb hair and then abusing, assaulting senior officer will justify dismissal.
2021 LLR 319
BOMBAY HIGH COURT

 Dismissal can't be interfered because an enquiry for long absence was not conducted.
2021 LLR 237
Supreme Court of India

 Sending of nasty messages to a subordinate lady would amount to sexual harassment.
2021 LLR 249
RAJASTHAN HIGH COURT

 Charge-sheet itself should have reference to moral turpitude of forfeiture of gratuity.
2021 LLR 312
Bombay HIGH COURT

 Objection about charge-sheet being vague, if not taken in enquiry can't be taken later on.
2021 LLR 295
KERALA HIGH COURT

 In digital world, workplace be treated as one irrespective of employees working in different states.
2021 LLR 249
RAJASTHAN HIGH COURT

 A person, who issues charge sheet, can also be presenting officer in the enquiry.
2021 LLR 301
MADRAS HIGH COURT

 An employer insured under ESI can't claim compensation under Employees Compensation Act.
2021 LLR 306
MADRAS HIGH COURT

 Termination sans enquiry would be violative of natural justice.
2021 LLR 273
GUJARAT HIGH COURT

 Reinstatement with back wages appropriate when termination is set aside.
2021 LLR 273
GUJARAT HIGH COURT

 EPF Authority must ensure that notice of hearing is received by addressee a week prior to hearing.
2021 LLR 327
KERALA HIGH COURT

 Delay in remittance of EPF dues on sufficient cause, damages may be reduced or waived.
2021 LLR 350
KERALA HIGH COURT

 Tribunal to ensure that it has jurisdiction to pass an order.
2021 LLR 325
MADRAS HIGH COURT

 It is prerogative of an employer as to where the employee should work.
2021 LLR 265
GAUHATI HIGH COURT

 Show cause notice for forfeiture of gratuity is imperative.
2021 LLR 312
Bombay HIGH COURT

 Alleging illegality that enquiry report was furnished along with show cause notice can't be tenable.
2021 LLR 316
Supreme Court of India

 Engaging trainees without any training department would not be justifiable.
2021 LLR 288
KERALA HIGH COURT

 Personal difficulties are no ground for court to interfere in transfer of an employee.
2021 LLR 265
GAUHATI HIGH COURT

 Purpose of charge sheet is to inform about the charges to employee with sufficient clarity.
2021 LLR 295
KERALA HIGH COURT

 Reference to forfeiture of gratuity is required to be given in termination letter also.
2021 LLR 312
Bombay HIGH COURT

 On failure of workman to prove working for 240 days no relief can be awarded.
2021 LLR 272
GUJARAT HIGH COURT

 Daughter of chairman and also a member of managing committee of school cannot feign ignorance of her termination.
2021 LLR 237
Supreme Court of India

 Complaint of sexual harassment untenable when made by woman after her termination.
2021 LLR 273
GUJARAT HIGH COURT

 Attachment of bank accounts during pendency of appeal is illegal.
2021 LLR 326
MADRAS HIGH COURT

 On imposing damages, the Authority has to give proper opportunity to employer.
2021 LLR 338
Bombay HIGH COURT

 Remittance of EPF dues in instalments may be permitted subject to sufficient cause.
2021 LLR 339
KERALA HIGH COURT

 An error of fact on record can be cured in writ petition.
2021 LLR 346
KERALA HIGH COURT

 Recovery proceedings during pendency of appeal to be stayed.
2021 LLR 326
MADRAS HIGH COURT

 No review by higher court on a plea decided by the lower court by passing a reasoned order.
2021 LLR 343
MADRAS HIGH COURT

 Writ petition challenging order of EPF Authority is not maintainable.
2021 LLR 327
KERALA HIGH COURT

 An order by EPF Authority beyond notice period is to be quashed.
2021 LLR 339
Karnataka High Court

 An order by EPF Authority beyond notice period is to be quashed.
2021 LLR 348
KERALA HIGH COURT

 Attachment order by EPF Authority within prescribed period of filing appeal is not proper.
2021 LLR 341
Karnataka High Court

 An appeal preferred beyond prescribed limitation is barred.
2021 LLR 345
KERALA HIGH COURT

 An order without applying its judicious mind to the facts would not be sustainable.
2021 LLR 350
KERALA HIGH COURT

 A non-speaking order passed by Tribunal is not sustainable.
2021 LLR 325
MADRAS HIGH COURT

 EPF Authority could recover the whole amount in case of default in instalments.
2021 LLR 339
KERALA HIGH COURT

 Prescribed limitation starts from the date of receipt of order or of its knowledge.
2021 LLR 327
KERALA HIGH COURT

 High Court can stay recovery if Appellate Tribunal is not functional.
2021 LLR 341
Karnataka High Court

 An appeal cannot be considered when it is time barred.
2021 LLR 345
KERALA HIGH COURT

 An order dismissing the appeal in default is liable to be quashed.
2021 LLR 346
KERALA HIGH COURT

 Writ petition is tenable when there is error in decision making process.
2021 LLR 325
MADRAS HIGH COURT

 Imposing damages without establishing mens rea is not proper.
2021 LLR 350
KERALA HIGH COURT

 Recovery of PF dues to have priority over recovery of excise revenue.
2021 LLR 331
PUNJAB AND HARYANA HIGH COURT

 All centres of a Municipality even running separately will be one for coverage under the Act.
2021 LLR 329
MADRAS HIGH COURT

 EPFA Tribunal is empowered to condone delay up to 60 days on sufficient cause.
2021 LLR 345
KERALA HIGH COURT

 Clubbing of all centres for applicability of the Act is proper since all wages are paid by Municipality.
2021 LLR 329
MADRAS HIGH COURT

 During pendency of appeal before Tribunal, any attachment order passed by EPF Authority is liable to be quashed.
2021 LLR 341
Karnataka High Court

 Employees in seasonal establishments are also covered by Act.
2021 LLR 329
MADRAS HIGH COURT