IMPORTANT JUDGEMENTS for April 2022

IMPORTANT JUDGEMENTS

 Dismissal for insubordination and repeated negligence in duties would be justified.
2022 LLR 374
KARNATAKA HIGH COURT

 Prosecution of Director by Factory Inspector without rejecting his reply to notice would not be tenable.
2022 LLR 378
KARNATAKA HIGH COURT

 Reinstatement of workers transferred at far off places without knowledge of language in region would be justified.
2022 LLR 383
MADRAS HIGH COURT

 Denial of back wages on reinstatement supported with justified reasons would not be interfered with.
2022 LLR 392
TELANGANA HIGH COURT

 Dismissal of workman for absence not justified when leave application submitted with medical certificate.
2022 LLR 404
KARNATAKA HIGH COURT

 Interference in punishment would not be proper when dismissal has been after fair and proper enquiry.
2022 LLR 355
SUPREME COURT OF INDIA

 Non-compliance with 'first come last go' would render the retrenchment illegal.
2022 LLR 390
ORISSA HIGH COURT

 Trainees are not 'workmen' hence have no right for regularisation or even retrenchment compensation.
2022 LLR 400
KARNATAKA HIGH COURT

 A settlement under section 12(3) of ID Act will be binding on all the workers.
2022 LLR 358
SUPREME COURT OF INDIA

 Gainful employment of a terminated workman if not proved, back wages would be payable on reinstatement.
2022 LLR 372
KARNATAKA HIGH COURT

 Order of Employees' Insurance Court without assigning reasons is not tenable.
2022 LLR 410
BOMBAY HIGH COURT

 Dismissal of a bank employee for embezzlement by committing forgery is justified.
2022 LLR 355
SUPREME COURT OF INDIA

 Non-vacating of quarters despite orders by employer is gross misconduct to justify dismissal from service.
2022 LLR 374
KARNATAKA HIGH COURT

 Inspector under Minimum Wages Act is competent to file criminal complaint against defaulting employer.
2022 LLR 394
KERALA HIGH COURT

 Dismissal of bank employee after holding enquiry is justified.
2022 LLR 355
SUPREME COURT OF INDIA

 Adjudicators cannot go beyond terms of reference.
2022 LLR 358
SUPREME COURT OF INDIA

 Unlike civil law, the successor of a deceased in an award will be liable for appropriate action.
2022 LLR 381
MADRAS HIGH COURT

 A health inspector supervising sanitary work would not be a 'workman'.
2022 LLR 374
KARNATAKA HIGH COURT

 Mens rea not an essential element to levy of damages for delayed deposit of PF contributions.
2022 LLR 422
SUPREME COURT OF INDIA

 Any order by EPF Authority without affording reasonable opportunity to parties is to be quashed.
2022 LLR 436
CALCUTTA HIGH COURT

 Pre deposit condition for admission is not applicable in an appeal against levy of damages.
2022 LLR 470
BOMBAY HIGH COURT

 Attachment of bank account on next day of notice of recovery not tenable.
2022 LLR 441
CHHATTISGARH HIGH COURT

 Error committed by Registrar in refusing to register an appeal is violative of prescribed procedure
2022 LLR 452
GUJARAT HIGH COURT

 Ignorance of law is no excuse for delay in remittance of EPF dues
2022 LLR 456
KARNATAKA HIGH COURT

 Delay in initiating proceedings to be justified even when no time limit is prescribed.
2022 LLR 457
KARNATAKA HIGH COURT

 Recovery of PF dues before limitation period for appeal is not justified.
2022 LLR 441
CHHATTISGARH HIGH COURT

 Pre-deposit on admission of appeal can be allowed by Tribunal in two installments.
2022 LLR 465
MADRAS HIGH COURT

 Recovery of PF dues before limitation period for appeal is not justified.
2022 LLR 466
MADRAS HIGH COURT

 An employer is not precluded from filing a review against order under section 7A of the Act.
2022 LLR 467
MADRAS HIGH COURT

 While waiving of reducing the determined amount, the Tribunal on admission of appeal must give reasons.
2022 LLR 427
ALLAHABAD HIGH COURT

 Recovery of PF dues before limitation period for appeal is not justified.
2022 LLR 436
CALCUTTA HIGH COURT

 Writ can be filed by an employer when Tribunal is functioning
2022 LLR 433
BOMBAY HIGH COURT

 Delayed deposit of provident fund contribution would justify damages.
2022 LLR 422
SUPREME COURT OF INDIA

 It is the duty of the Registrar to allow the party to rectify any defect.
2022 LLR 452
GUJARAT HIGH COURT

 On deposit of pre-deposit amount, the appellate is protected from recovery proceedings.
2022 LLR 470
BOMBAY HIGH COURT

 Transferee of an establishment must provided a list for identification of employees for deposit of PF dues.
2022 LLR 436
CALCUTTA HIGH COURT

 Writ can be filed by an employer when Tribunal is functioning.
2022 LLR 431
BOMBAY HIGH COURT

 Condonation of delay in filing appeal can be considered in view of time spent in Writ Court.
2022 LLR 452
GUJARAT HIGH COURT

 Writ is tenable only after exhausting the prescribed remedy.
2022 LLR 436
CALCUTTA HIGH COURT