IMPORTANT JUDGEMENTS for September 2022

IMPORTANT JUDGEMENTS

 Termination during probation is not illegal.
2022 LLR 986
DELHI HIGH COURT

 A pregnant woman can't be denied maternity benefits even when no notice is given to the employer.
2022 LLR 994
DELHI HIGH COURT

 Service conditions during pendency of industrial dispute cannot be changed.
2022 LLR 984
DELHI HIGH COURT

 Punishment is imposed for misappropriated amounts than for the loss of confidence.
2022 LLR 1006
GUJARAT HIGH COURT

 Back wages on reinstatement depend on the length of service and nature of the misconduct.
2022 LLR 961
PATNA HIGH COURT

 Transfer of workman without sufficient reason is not proper.
2022 LLR 945
SUPREME COURT OF INDIA

 Dismissal be set aside if enquiry report and show cause notice not given to the workman.
2022 LLR 961
PATNA HIGH COURT

 In absence of prejudice on non-supply of enquiry report, punishment is not interfered.
2022 LLR 961
PATNA HIGH COURT

 'Conveyance allowance' is not part of 'wages'.
2022 LLR 952
SUPREME COURT OF INDIA

 Reinstated workman is entitled to last drawn wages.
2022 LLR 979
CALCUTTA HIGH COURT

 When an enquiry is fair and proper, interference with punishment not justifiable.
2022 LLR 1006
GUJARAT HIGH COURT

 The wrongdoer does not deserve sympathy.
2022 LLR 1006
GUJARAT HIGH COURT

 An employee on reinstatement will be entitled to all benefits for the intervening period.
2022 LLR 948
SUPREME COURT OF INDIA

 Section 9-A (change in service conditions) of the ID Act, if not as per Form 'E', will not be proper.
2022 LLR 981
DELHI HIGH COURT

 Cess on Air Condition installation at the airport is not tenable.
2022 LLR 972
ANDHRA PRADESH HIGH COURT

 Back wages can be denied if gainful employment of workman is proved
2022 LLR 961
PATNA HIGH COURT

 Questioning of territorial jurisdiction first time before the High Court is not maintainable.
2022 LLR 945
SUPREME COURT OF INDIA

 Back wages to a reinstated workman can be adjusted during proceedings in a higher Court.
2022 LLR 948
SUPREME COURT OF INDIA

 Relationship of employer-employee can be determined by making the contractor a party.
2022 LLR 990
DELHI HIGH COURT

 Deputy Engineer and Executive Engineer cannot be workmen
2022 LLR 1002
GUJARAT HIGH COURT

 Res judicata is different from estoppel.
2022 LLR 948
SUPREME COURT OF INDIA

 Subsequent purchaser is liable to pay damages imposed on the previous owner.
2022 LLR 1047
KERALA HIGH COURT

 Damages for delayed deposit of EPF dues should be reduced in rare circumstances.
2022 LLR 1048
MADRAS HIGH COURT

 An ex-parte order violative of natural justice is to be set aside.
2022 LLR 1043
KERALA HIGH COURT

 No labour legislation can be considered without applying the principles of social justice.
2022 LLR 1020
CALCUTTA HIGH COURT

 EPF Authority is entitled to challenge the order of the Tribunal.
2022 LLR 1020
CALCUTTA HIGH COURT

 Tribunal cannot adopt a mechanical approach for reducing the damages.
2022 LLR 1048
MADRAS HIGH COURT

 A writ in High Court pertaining to factual aspects is not tenable.
2022 LLR 1018
BOMBAY HIGH COURT

 Seeking adjournment due to COVID-19 is justified
2022 LLR 1043
KERALA HIGH COURT

 Employer may be allowed to pay damages in monthly installments.
2022 LLR 1048
MADRAS HIGH COURT

 EPF Authority will have to consider the submission(s) with supportive materials.
2022 LLR 1053
MADRAS HIGH COURT

 Appeal, not writ petition, is appropriate for challenging an order of EPF Authority.
2022 LLR 1054
MADRAS HIGH COURT

 Tribunals are bound to consider on a case-to-case basis for genuine difficulties
2022 LLR 1061
MADRAS HIGH COURT

 Delayed deposit of provident fund dues would not justify the reduction of damages.
2022 LLR 1058
CALCUTTA HIGH COURT

 If the wife of an employee predeceases him, he can make another nominee of his family.
2022 LLR 1052
MADRAS HIGH COURT

 Central Board of Trustees can delegate its functions.
2022 LLR 1020
CALCUTTA HIGH COURT

 House Rent Allowance (HRA) is excluded from basic wages.
2022 LLR 1046
KERALA HIGH COURT

 Non-sending of link in Virtual Court hearing is violative natural justice.
2022 LLR 1043
KERALA HIGH COURT

 Father and mother in possession of any property of minor can hold it as trustees.
2022 LLR 1042
KERALA HIGH COURT

 Pensioner receiving Rs.5000/- p.m. would entitle his nominee Rs. Five lakhs after death.
2022 LLR 1052
MADRAS HIGH COURT