IMPORTANT JUDGEMENTS for April 2021

IMPORTANT JUDGEMENTS

 Acceptance of resignation, when not by competent authority is invalid.
2021 LLR 398
MADRAS HIGH COURT

 Sleeping on duty by a watchman is serious misconduct.
2021 LLR 412
MADRAS HIGH COURT

 Transfer of an employee from one place to another is an incident of service.
2021 LLR 382
KERALA HIGH COURT

 Engaging temporary or casual workers for years amounted to unfair labour practice.
2021 LLR 366
Delhi High Court

 A judgment is not viable if the reasons given therein are incomprehensible.
2021 LLR 355
SUPREME COURT OF INDIA

 Police have no jurisdiction to direct an employer to dismiss any of his employees.
2021 LLR 422
Karnataka High Court

 Nurses in a hospital cannot go on strike.
2021 LLR 357
Delhi High Court

 If the enquiry is held fair, then it is to be seen whether punishment is proportionate or not.
2021 LLR 429
MADRAS HIGH COURT

 ''Moral Policing'' is not the job of the Management or of the ICC under POSH Act.
2021 LLR 359
Delhi High Court

 By an oral appointment, it cannot be inferred that the worker was engaged for the fixed term.
2021 LLR 378
GUJARAT HIGH COURT

 An enquiry is not proper if the Enquiry Officer has not considered evidence of the workman''s witness.
2021 LLR 403
MADRAS HIGH COURT

 Any dispute between workmen and employer is to be adjudicated but not by writ court.
2021 LLR 397
Madhya Pradesh High Court

 Workers of contractors do not have any legal right to seek renewal of their contract.
2021 LLR 417
PUNJAB AND HARYANA HIGH COURT

 Supervision over workers by employer when not proved, will not establish employer-employee relationship.
2021 LLR 424
MADRAS HIGH COURT

 Sexual harassment when not proved, the ICC can recommend not to take any action.
2021 LLR 359
Delhi High Court

 Last drawn wages to a workman during the pendency of proceedings in higher Court are not refundable.
2021 LLR 363
Delhi High Court

 Striking work to bargain with the employer does not give right for indulging in violence.
2021 LLR 382
KERALA HIGH COURT

 POSH Act ensures an equitous, safe and secure environment for women to work with dignity.
2021 LLR 384
KERALA HIGH COURT

 Reinstatement in every case of illegal termination cannot be ordered mechanically.
2021 LLR 392
Madhya Pradesh High Court

 When a director submitted resignation, he would, not liable for any liability of the Company.
2021 LLR 466
Karnataka High Court

 An ex-parte assessment is set aside if due to non-service of notice for hearing to the employer.
2021 LLR 445
Delhi High Court

 High Court is empowered to allow remittance of EPF dues in instalments with reasonable condition.
2021 LLR 448
KERALA HIGH COURT

 Dismissal of appeal by Tribunal without disposal of interlocutory application is not sustainable
2021 LLR 449
MADRAS HIGH COURT

 While reducing pre-deposit of 75% of the assessed amount on appeal, reason has to be given.
2021 LLR 451
MADRAS HIGH COURT

 Special allowances which form part of the ''basic wages'' are subject to Provident Fund contributions.
2021 LLR 452
MADRAS HIGH COURT

 Interest imposed for delayed deposit of EPF dues can''t be reduced even in an appeal.
2021 LLR 458
ORISSA HIGH COURT

 Executive instructions cannot surpass the provisions of the Act.
2021 LLR 462
PUNJAB AND HARYANA HIGH COURT

 Recovery proceedings initiated by the EPF Authority shall remain stayed till the consideration of reply of the notice.
2021 LLR 465
Karnataka High Court

 Financial crisis being faced by the employer for remittance of EPF dues in instalments is justified.
2021 LLR 441
KERALA HIGH COURT

 Financial crisis being faced by the employer for remittance of EPF dues in instalments is justified.
2021 LLR 438
MADRAS HIGH COURT

 Effective remedy is to file appeal for challenging order passed by EPF Authority and not the writ petition.
2021 LLR 439
MADRAS HIGH COURT

 Spread of COVID-19 pandemic, justifies remittance of EPF dues by employer in instalments is justified.
2021 LLR 440
MADRAS HIGH COURT

 When an establishment has engaged 20 or more employees, the Act is applicable to it.
2021 LLR 440
MADRAS HIGH COURT

 No appeal shall lie against section 7-O pertaining to interest on delayed deposit of EPF dues.
2021 LLR 442
KERALA HIGH COURT

 Element of mens rea is an important factor for levy of damages but subject to conduct of employer.
2021 LLR 443
MADRAS HIGH COURT

 An order to be set aside if it was passed without granting proper opportunity to the employer
2021 LLR 445
Delhi High Court

 EPFA Tribunal can, waive or reduce the pre-deposit amount considering financial losses of appellant
2021 LLR 442
KERALA HIGH COURT

 A director would not always come within the definition of ''employer''
2021 LLR 466
Karnataka High Court