IMPORTANT JUDGEMENTS for March 2022

IMPORTANT JUDGEMENTS

 Dismissal of a bank employee from service for fraud, forgery, and manipulations is justified.
2022 LLR 237
SUPREME COURT OF INDIA

 Termination of Accounts Officer for absence even though he applied for leave is untenable.
2022 LLR 279
MADRAS HIGH COURT

 Forfeiture of gratuity of a terminated employee is untenable in the absence of criminal proceed-ings.
2022 LLR 276
KARNATAKA HIGH COURT

 Reinstatement with full back wages directed by High Court when no enquiry was held after show-cause notice.
2022 LLR 284
MADRAS HIGH COURT

 Last drawn wages to a workman not tenable when during pendency of proceedings he sup-pressed his earning by running a newspaper.
2022 LLR 295
DELHI HIGH COURT

 Merely that inquiry was not completed in 90 days under POSH Act does not stand to logic.
2022 LLR 290
TRIPURA HIGH COURT

 Driver dying of strain for driving vehicle continuously for 18 days, his dependants entitled to accident compensation.
2022 LLR 254
BOMBAY HIGH COURT

 General Foreman empowered to sanctioning of leave and assigning of duties to subordinates will not be a 'workman'.
2022 LLR 271
JHARKHAND HIGH COURT

 An aggrieved woman under POSH Act can be of any age whether employed or not at the work-place.
2022 LLR 261
CALCUTTA HIGH COURT

 Enquiry would not be fair and proper if a charge sheet is issued after seven years.
2022 LLR 242
SUPREME COURT OF INDIA

 Sexual harassment established when the perpetrator tried to put his arms to the back of a woman employee.
2022 LLR 290
TRIPURA HIGH COURT

 Summary trial by Complaints Committee without adhering to mandatory requirements under POSH Act not tenable.
2022 LLR 261
CALCUTTA HIGH COURT

 Principal employer engaging new contractor should ensure the employment of workers of ex-contractor.
2022 LLR 267
DELHI HIGH COURT

 Existence of a causal relationship between employment and accident is a condition for claiming compensation.
2022 LLR 274
JHARKHAND HIGH COURT

 Nature of duties and not designation determines whether an employee is a 'workman' or not.
2022 LLR 279
MADRAS HIGH COURT

 Penalty under BO&CW Act in an ex-parte order without affording opportunity to the petitioner not tenable.
2022 LLR 269
Jammu & Kashmir High Court

 Chairman and Principal having control over affairs of school will be liable for prosecution for EPF default.
2022 LLR 322
JHARKHAND HIGH COURT

 If main establishment is already covered, the other branches will also be covered.
2022 LLR 333
BOMBAY HIGH COURT

 Initiating recovery against a school despite pendency of appeal before Tribunal is to be stayed.
2022 LLR 351
UTTARAKHAND HIGH COURT

 Writ, instead of appeal, to avoid condition for pre deposit not tenable.
2022 LLR 327
CALCUTTA HIGH COURT

 Establishment is liable to pay damages and interest for delayed remittance of EPF dues.
2022 LLR 333
BOMBAY HIGH COURT

 Writ Petition can be entertained against order under section 7A if Tribunal is not functioning.
2022 LLR 345
BOMBAY HIGH COURT

 Municipal Corporation not liable to pay arrears of EPF by security agency when not impleaded as a party under section 7A.
2022 LLR 337
BOMBAY HIGH COURT

 Appeal against order passed under section 14-B does not require compliance of pre deposit.
2022 LLR 342
ALLAHABAD HIGH COURT

 Stay vacated automatically if pre deposit amount as directed by Tribunal is not deposited.
2022 LLR 346
KERALA HIGH COURT

 Contempt for non-compliance of order of Court is dropped if the accused has complied the Court order.
2022 LLR 352
KARNATAKA HIGH COURT

 De-freezing bank account after depositing Rs.16 lakhs will justify allowing balance amount in six instalments.
2022 LLR 314
ANDHRA PRADESH HIGH COURT

 50% of pre-deposit of 30% as ordered by Tribunal is allowed by High Court.
2022 LLR 315
DELHI HIGH COURT

 High Court can allow payment in installments for delayed deposit of EPF dues because of Covid.
2022 LLR 318
KERALA HIGH COURT

 An exempted establishment cannot decline to appear in response to 30 notices under section 7A.
2022 LLR 319
MADRAS HIGH COURT

 Delayed deposit of EPF dues as admitted would attract damages and interest.
2022 LLR 314
ANDHRA PRADESH HIGH COURT

 Despite assurance for payment, when not paid, initiation of recovery will be justified.
2022 LLR 322
JHARKHAND HIGH COURT

 Writ Court can allow for filing of review even after expiry of limitation period.
2022 LLR 344
ALLAHABAD HIGH COURT