IMPORTANT JUDGEMENTS for October 2020

IMPORTANT JUDGEMENTS

 Declining maternity leave to a contractual employee penalizes her to becoming a mother.
2020 LLR 814
DELHI HIGH COURT

 Workers receiving wages, working under control of contractor cannot be employees of principal employer.
2020 LLR 855
GAUHATI HIGH COURT

 A termination of a probationer, during probation, is not retrenchment hence not illegal.
2020 LLR 822
DELHI HIGH COURT

 Burden to prove abandonment by a workman is upon management.
2020 LLR 829
DELHI HIGH COURT

 An ex-parte order is justified on failure of the employer to appear despite notice.
2020 LLR 838
MADHYA PRADESH HIGH COURT

 Termination not illegal on expiry of contractual period.
2020 LLR 841
MADHYA PRADESH HIGH COURT

 Non-compliance of natural justice cannot be alleged if workman failed to participate in the enquiry.
2020 LLR 847
MADHYA PRADESH HIGH COURT

 Denial of back wages on reinstatement justified due to delay in raising dispute.
2020 LLR 888
HIMACHAL PRADESH HIGH COURT

 Dismissal will be disproportionate merely on charges of misbehaviour.
2020 LLR 877
RAJASTHAN HIGH COURT

 Termination for misconduct committed prior to COVID-19 is not due to pandemic.
2020 LLR 824
DELHI HIGH COURT

 For claiming back wages, the workman must plead and prove unemployment.
2020 LLR 877
RAJASTHAN HIGH COURT

 Termination of services of a fixed period employee, not illegal.
2020 LLR 880
CALCUTTA HIGH COURT

 Reinstatement with full back wages justified on termination sans retrenchment compensation.
2020 LLR 829
DELHI HIGH COURT

 Mere statement of employer that workers were not its employees is not sufficient to rebut the claim.
2020 LLR 869
PUNJAB AND HARYANA HIGH COURT

 Dismissal from service is justified if a workman fails to prove it to be illegal.
2020 LLR 847
MADHYA PRADESH HIGH COURT

 Reinstatement is justified when the employer fails to prove the charges.
2020 LLR 831
KERALA HIGH COURT

 Termination of a workman appointed against regular permanent post is illegal.
2020 LLR 865
GUJARAT HIGH COURT

 Workman''s version will be admitted if not controverted by producing records.
2020 LLR 829
DELHI HIGH COURT

 Issuance of demand notice without adjudication under section 7-A is not sustainable.
2020 LLR 898
MADHYA PRADESH HIGH COURT

 Limitation for filing appeal is to be calculated from the date of delivery of the order to the appellant.
2020 LLR 900
MADRAS HIGH COURT

 No citizen ought to suffer on non-transfer of amount from one Regional Office to another Office of the EPFO.
2020 LLR 894
DELHI HIGH COURT

 For non-allotment of PF Code number, the establishment cannot be punished.
2020 LLR 892
DELHI HIGH COURT

 Delay for filing appeal up to 60 days can be condoned by Tribunal on sufficient cause.
2020 LLR 904
MADRAS HIGH COURT

 Recovery of dues stayed until the outcome of the orders by Tribunal.
2020 LLR 912
MADRAS HIGH COURT

 For proving date of delivery of order, the EPF Authority has to file postal receipt showing its dispatch date.
2020 LLR 900
MADRAS HIGH COURT

 Opportunity of hearing to parties concerned is essential for determination of money due from employer.
2020 LLR 898
MADHYA PRADESH HIGH COURT

 An order passed without giving the proper opportunity of hearing is not sustainable.
2020 LLR 893
DELHI HIGH COURT

 No criminal action can be taken against the employer without adjudication under section 7-A of the Act.
2020 LLR 898
MADHYA PRADESH HIGH COURT

 Writ-petition is not maintainable till an alternative efficacious remedy is not exhausted.
2020 LLR 899
MADHYA PRADESH HIGH COURT

 Online processing ought to make steps simpler for citizens rather than complicating them.
2020 LLR 894
DELHI HIGH COURT

 EPF Authority has to prove when the order was delivered to the petitioner for filing of an appeal.
2020 LLR 900
MADRAS HIGH COURT

 Arrears of EPF dues may be allowed in instalments on account of weak financial position.
2020 LLR 905
MADRAS HIGH COURT

 An appeal is to be filed within 60 days from the date of receipt of impugned order.
2020 LLR 911
MADRAS HIGH COURT

 A petition is tenable under abnormal circumstances in questioning the order passed under section 7A of the Act.
2020 LLR 904
MADRAS HIGH COURT

 Any representation by the employer, seeking permission for instalments of dues, must be disposed of by the EPF Authority.
2020 LLR 906
MADRAS HIGH COURT