IMPORTANT JUDGEMENTS for September 2021

IMPORTANT JUDGEMENTS

 Termination of services when illegal, workmen are entitled to reinstatement with back wages.
2021 LLR 844
DELHI HIGH COURT

 Mere acquittal in criminal case would not absolve the negligence committed by a driver.
2021 LLR 852
MADRAS HIGH COURT

 Appeal untenable on failure to deposit entire awarded amount of gratuity.
2021 LLR 847
CHHATTISGARH HIGH COURT

 Order of penalty untenable when without reasonable opportunity to employer.
2021 LLR 857
HIMACHAL PRADESH HIGH COURT

 Principal employer has to ensure that contract workers are paid wages by the contractor.
2021 LLR 810
CALCUTTA HIGH COURT

 Loss of right hand of the Bus Conductor in an accident rightly assessed at 100% loss of earning capacity.
2021 LLR 804
ALLAHABAD HIGH COURT

 Services of an employee appointed on contractual basis for a fixed term come to an end on expiry of fixed-term.
2021 LLR 813
HIMACHAL PRADESH HIGH COURT

 An order passed in violation of principles of natural justice can be challenged in writ petition.
2021 LLR 842
BOMBAY HIGH COURT

 Termination of services of workmen engaged through contractors with long service without process of law is illegal.
2021 LLR 844
DELHI HIGH COURT

 Forgery of signatures, not pleaded before competent authority, cannot be considered in writ petition.
2021 LLR 813
HIMACHAL PRADESH HIGH COURT

 Enquiry into professional misconduct of concerned medical practitioners to be justified.
2021 LLR 850
KARNATAKA HIGH COURT

 Appropriate government role is merely to refer the dispute for adjudication.
2021 LLR 805
DELHI HIGH COURT

 Assessment of loss of earning capacity of the injured employee by the Medical Officer will be proper.
2021 LLR 804
ALLAHABAD HIGH COURT

 Provisions of social security legislation should not be construed in a technical sense.
2021 LLR 820
KERALA HIGH COURT

 Part-time sweepers are to be covered by Act.
2021 LLR 864
ALLAHABAD HIGH COURT

 Levy of damages without identification of beneficiaries not sustainable.
2021 LLR 868
DELHI HIGH COURT

 An order under sec.7A based on Inspection report by Enforcement Officer is not sustainable.
2021 LLR 890
MADRAS HIGH COURT

 An order passed under sec.7A of the Act without identification of beneficiaries, is not sustainable.
2021 LLR 869
DELHI HIGH COURT

 An order passed under sec.7A of the Act without identification of beneficiaries, is not sustainable.
2021 LLR 890
MADRAS HIGH COURT

 Payment of provident funds is distinct from taxes.
2021 LLR 869
DELHI HIGH COURT

 In absence of mens rea by employer, damages can''t be waived or reduced.
2021 LLR 875
DELHI HIGH COURT

 EPF&MP Act is a complete code by itself hence Limitation Act not applicable.
2021 LLR 878
JHARKHAND HIGH COURT

 Waiver from pre-deposit condition is not restricted to financial hardship only.
2021 LLR 869
DELHI HIGH COURT

 Principal employer is liable for remittance of PF dues of contractor''s employees.
2021 LLR 895
MADRAS HIGH COURT

 Levy of damages without establishing mens rea of the employer is not justified.
2021 LLR 902
MADRAS HIGH COURT

 Granting remittance of EPF dues in installments in view of pandemic situation, is justified.
2021 LLR 910
MADRAS HIGH COURT

 High Court can extend the prescribed limitation for filing appeal.
2021 LLR 911
MADRAS HIGH COURT

 Levy of interest for delayed deposit of EPF dues is not appealable.
2021 LLR 909
KERALA HIGH COURT

 Finding of mens rea is an essential condition before passing of an order of damages.
2021 LLR 875
DELHI HIGH COURT

 An order passed by EPF Authority without proper opportunity to the employer, is not sustainable.
2021 LLR 869
DELHI HIGH COURT

 Initiating recovery proceedings, against employer, within prescribed limit for filing appeal not proper.
2021 LLR 914
TELANGANA HIGH COURT

 An ex-parte order is liable to be set aside to achieve ends of justice.
2021 LLR 912
TELANGANA HIGH COURT

 Non-consideration of representation of an employee regarding non-releasing of pension, is not proper.
2021 LLR 913
TELANGANA HIGH COURT

 No appeal by the employer shall be entertained till compliance of pre-deposit condition.
2021 LLR 889
KERALA HIGH COURT

 Ministry of Labour is an ''industry'' or not, to be determined the Industrial Adjudicator.
2021 LLR 805
DELHI HIGH COURT

 Conveyance/Travelling allowance is not ''wages'' for ESI contributions.
2021 LLR 799
SUPREME COURT OF INDIA

 A copy of complaint must be provided to the person against whom allegations of sexual harassment are raised.
2021 LLR 829
KERALA HIGH COURT