IMPORTANT JUDGEMENTS for July 2021

IMPORTANT JUDGEMENTS

 Money received from customer but not depositing in his account justifies dismissal of a bank employee.
2021 LLR 474
CALCUTTA HIGH COURT

 Back wages are not automatic on setting aside of termination.
2021 LLR 479
CALCUTTA HIGH COURT

 A civil suit against a Trade Union is untenable.
2021 LLR 546
MADRAS HIGH COURT

 A person employed under a scheme will continue till its conclusion.
2021 LLR 565
DELHI HIGH COURT

 An embezzler does not deserve any sympathy as it is loss to the confidence of management.
2021 LLR 528
KARNATAKA HIGH COURT

 Termination, not retrenchment, when appointment is renewed from time to time.
2021 LLR 489
GUJARAT High COURT

 An agreement contrary to law is not valid.
2021 LLR 549
BOMBAY HIGH COURT

 Gratuity is to be released by the employer within 30 days.
2021 LLR 552
KERALA HIGH COURT

 New contractor is obliged to engage the workers of outgoing contractor.
2021 LLR 565
DELHI HIGH COURT

 An order delivered at wrong address will be non-communication.
2021 LLR 553
MADRAS HIGH COURT

 No automatic absorption of contract labour on its prohibition.
2021 LLR 565
DELHI HIGH COURT

 A club is not covered under writ jurisdiction.
2021 LLR 585
DELHI HIGH COURT

 Dismissal of driver shockingly disproportionate when accident is due to contributory negligence.
2021 LLR 559
MADRAS HIGH COURT

 Once a dispute has been settled before the court, it cannot be reopened.
2021 LLR 562
KARNATKA HIGH COURT

 Gratuity cannot be attached.
2021 LLR 473
ALLAHABAD HIGH COURT

 Termination not valid of principle of ''first come, last go'' if not followed on retrenchment.
2021 LLR 491
GUJARAT HIGH COURT

 An independent issue must be framed for deciding back wages.
2021 LLR 479
CALCUTTA HIGH COURT

 An employee is not a workman if his work is managerial or of supervisory nature.
2021 LLR 489
GUJARAT High COURT

 Dismissal when set aside, workman shall be entitled to reinstatement with back wages.
2021 LLR 499
KARNATAKA HIGH COURT

 Tribunal can permit to adduce evidence if domestic enquiry was defective.
2021 LLR 523
RAJASTHAN HIGH COURT

 An enquiry is vitiated when held in violation of natural justice.
2021 LLR 479
CALCUTTA HIGH COURT

 Non-issuance of tickets to 22 passengers due to rush of passengers is a lame excuse by conductor.
2021 LLR 528
KARNATAKA HIGH COURT

 Apprehended termination of services cannot be challenged by filing of writ petition.
2021 LLR 533
KERALA HIGH COURT

 Dismissal is justified if charges of misappropriation proved in enquiry.
2021 LLR 528
KARNATAKA HIGH COURT

 Receiving salary and pension are fundamental right of an employee.
2021 LLR 525
DELHI HIGH COURT

 Writ Court not to interfere in award of Labour Court unless the same is perverse.
2021 LLR 510
MADRAS HIGH COURT

 For back wages, the workman is to prove that he remained unemployed throughout.
2021 LLR 479
CALCUTTA HIGH COURT

 Strict compliance of Evidence Act not required in disciplinary proceedings.
2021 LLR 474
CALCUTTA HIGH COURT

 Verification of tickets from passengers and shortage of amount with conductor is sufficient evidence for embezzlement.
2021 LLR 528
KARNATAKA HIGH COURT

 Appeal against the order of Employees Insurance Court is maintainable only on question of law.
2021 LLR 539
MADRAS HIGH COURT

 Accident compensation payable when death is proved during employment.
2021 LLR 540
ORISSA HIGH COURT

 Natural justice duly applied when the delinquent was given proper opportunity of hearing.
2021 LLR 474
CALCUTTA HIGH COURT

 Dismissal of an employee during pendency of industrial dispute would be in violation of law.
2021 LLR 533
KERALA HIGH COURT

 Cook working in hostel of university is a worker covered under Employees'' Compensation Act.
2021 LLR 543
ORISSA HIGH COURT

 Limitation for appeal start from actual date of delivery of order.
2021 LLR 553
MADRAS HIGH COURT

 Prohibition of contract labour in an establishment is to be decided by the Advisory Board.
2021 LLR 585
DELHI HIGH COURT

 Mere oral evidence not sufficient for awarding back wages.
2021 LLR 555
CALCUTTA HIGH COURT

 Non-examination of a passenger is not fatal when conductor was charged with misappropriation.
2021 LLR 528
KARNATAKA HIGH COURT

 Notification under Disaster Management Act imposing statutory obligation for wages to workers was withdrawn on 18.05.2020.
2021 LLR 585
DELHI HIGH COURT

 An employer is not liable to remit EPF contributions if the Act is not applicable.
2021 LLR 625
KARNATAKA HIGH COURT

 A plea not taken in initial pleadings cannot be accepted in writ petition.
2021 LLR 620
CALCUTTA HIGH COURT

 Apprentices being paid of basic, and dearness pay etc. will be covered under the Act.
2021 LLR 630
MADRAS HIGH COURT

 Filing appeal against order passed by EPF Authority under section 7-A is 60 days from the date of knowledge of the order.
2021 LLR 633
MADRAS HIGH COURT

 Financial constraints or delayed remittance are not sufficient causes to reduce damages reasonably.
2021 LLR 634
MADRAS HIGH COURT

 Show cause notice to the employer pending disposal of review application is contrary to law.
2021 LLR 640
TELANGANA HIGH COURT

 The EPF Authority has to pass an order after considering all documents by the parties.
2021 LLR 641
TELANGANA HIGH COURT

 There is no provision in law for filing of review petition against the interlocutory order.
2021 LLR 643
KERALA HIGH COURT

 No party can make a new case by taking a new ground in a supplementary affidavit.
2021 LLR 620
CALCUTTA HIGH COURT

 Attachment of bank account of the appellant during pendency of appeal is not sustainable.
2021 LLR 633
MADRAS HIGH COURT

 CBT is empowered to reduce or waive off damages.
2021 LLR 657
MADRAS HIGH COURT

 Interim relief is appropriate when the petitioner has offered to deposit 50% of EPF dues.
2021 LLR 662
MADHYA PRADESH HIGH COURT

 Damages for delayed deposit of EPF dues can be waived for a sick establishment.
2021 LLR 657
MADRAS HIGH COURT

 Ordinarily, parties are not permitted to travel beyond pleadings.
2021 LLR 620
CALCUTTA HIGH COURT

 Prosecution of an employer without deciding applicability of the Act upon the establishment is bad in law.
2021 LLR 625
KARNATAKA HIGH COURT

 Limitation for filing appeal against order passed by EPF Authority is maximum 60+60=120 days.
2021 LLR 633
MADRAS HIGH COURT

 Tribunal is empowered to waive or reduce damages subject to sufficient cause.
2021 LLR 634
MADRAS HIGH COURT

 Pre-deposit amount for appeal can be even in installments.
2021 LLR 670
BOMBAY HIGH COURT

 Errors of fact cannot be corrected in a writ.
2021 LLR 644
ALLAHABAD HIGH COURT

 Parties should not suffer for the non-appearance of their lawyers.
2021 LLR 664
DELHI HIGH COURT

 Writ Court will not review findings of facts recorded by Tribunal.
2021 LLR 620
CALCUTTA HIGH COURT

 Effecting sale of immovable property for recovery of EPF dues is not function of the Writ Court.
2021 LLR 622
CALCUTTA HIGH COURT

 The EPF&MP Act is not applicable if number of employees is less than 20.
2021 LLR 625
KARNATAKA HIGH COURT

 Jurisdiction of High Court is couched in wide terms and exercise is not subject to restriction.
2021 LLR 644
ALLAHABAD HIGH COURT

 Law of limitation is not meant to destroy the rights of the parties.
2021 LLR 664
DELHI HIGH COURT

 Scope for interference in a review is very narrow.
2021 LLR 620
CALCUTTA HIGH COURT

 To attract penal provisions, prosecution has to establish commission of offence.
2021 LLR 625
KARNATAKA HIGH COURT

 Writ Court not to entertain a petition where alternate remedy is provided.
2021 LLR 644
ALLAHABAD HIGH COURT

 An order passed by the EPF Authority without application of mind is liable to be set aside.
2021 LLR 641
TELANGANA HIGH COURT

 EPF Authority is to dispose of review application after opportunity of hearing to employer.
2021 LLR 640
TELANGANA HIGH COURT

 Writ Petition against the orders passed by EPF Authority is not maintainable.
2021 LLR 642
UTTARAKHAND HIGH COURT

 On account of financial crisis being faced by the petitioner, the amount may be deposited in two equal monthly instalments.
2021 LLR 643
KERALA HIGH COURT

 Writ Court has no jurisdiction to condone the delay or to extend the period of limitation.
2021 LLR 636
RAJASTHAN HIGH COURT

 For condonation of delay, the Courts should adopt pragmatic approach.
2021 LLR 664
DELHI HIGH COURT

 Personal hearing of employer is imperative before levy of damages.
2021 LLR 657
MADRAS HIGH COURT

 Prior notification 01.08.1982 the EPF Act was not applicable to educational institutions.
2021 LLR 625
KARNATAKA HIGH COURT

 Condonation of delay for appeal, against order passed by EPF Authority, cannot be beyond 60 days.
2021 LLR 636
RAJASTHAN HIGH COURT

 EPF Appellate Tribunal when not functioning, High Court may interfere with the orders by EPF Authority.
2021 LLR 671
BOMBAY HIGH COURT

 An employer appearing before the EPF Authority cannot alleged in violation of natural justice.
2021 LLR 673
KERALA HIGH COURT