IMPORTANT JUDGEMENTS for November 2022

IMPORTANT JUDGEMENTS

 Reinstatement with back wages is not automatic even if termination is illegal.
2022 LLR 1228
ORISSA HIGH COURT

 Initiating criminal proceedings instead of challenging termination is liable to be quashed.
2022 LLR 1239
KARNATAKA HIGH COURT

 Freelancers do not have master-servant relationships.
2022 LLR 1233
DELHI HIGH COURT

 The duty of authority for granting approval for termination is only to verify whether the enquiry was fair or not.
2022 LLR 1204
KERALA HIGH COURT

 The legality or illegality of the strike can be decided by adjudication.
2022 LLR 1193
MADRAS HIGH COURT

 Bank employees are required to observe higher standards of honesty and integrity.
2022 LLR 1220
ANDHRA PRADESH HIGH COURT

 Forfeiture of gratuity without show cause notice to the claimant is not sustainable.
2022 LLR 1206
KARNATAKA HIGH COURT

 The inquiry officer under POSH Act must be a senior to the delinquent.
2022 LLR 1188
MADRAS HIGH COURT

 Workmen of contractors for cold drink bottles can't get wages for regular employees of the principal employer.
2022 LLR 1228
ORISSA HIGH COURT

 Dismissal can't be challenged before the labour authority after granting approval.
2022 LLR 1181
SUPREME COURT OF INDIA

 An employee is not a workman if payments to employees were made as those to contractors.
2022 LLR 1233
DELHI HIGH COURT

 Dismissal after long absenteeism due to sickness is justified if a workman is unfit to perform duties.
2022 LLR 1187
PATNA HIGH COURT

 An employee discharging the duty of supervisory nature will not be a workman.
2022 LLR 1195
JHARKHAND HIGH COURT

 Section 33(2)(b) of the ID Act protects the workman from victimization during the pendency of the dispute.
2022 LLR 1204
KERALA HIGH COURT

 Good conduct and discipline are inseparable from the functioning of every bank of-ficer/employee.
2022 LLR 1220
ANDHRA PRADESH HIGH COURT

 Termination of service due to losses did not justify the employees to initiate criminal proceedings.
2022 LLR 1239
KARNATAKA HIGH COURT

 Law does not prescribe any time limit for seeking a reference of the industrial dispute.
2022 LLR 1226
ORISSA HIGH COURT

 Termination of service in violation of section 25-F of the Industrial Disputes Act will be illegal.
2022 LLR 1200
JAMMU AND KASHMIR HIGH COURT

 While conducting the enquiry, the authority must comply with the circulars, instructions and guidelines.
2022 LLR 1242
TELANGANA HIGH COURT

 The rate of damages for delayed deposit of EPF dues must be effective at reduced rates.
2022 LLR 1290
MADRAS HIGH COURT

 No damages and interest can be levied for non-remittance of EPF dues.
2022 LLR 1262
DELHI HIGH COURT

 EPF Authority cannot take any coercive action till the expiry of time granted to be deposited.
2022 LLR 1266
DELHI HIGH COURT

 Any order of the EPF Authority for imposing penalties without analysing facts is not sustaina-ble.
2022 LLR 1272
KERALA HIGH COURT

 Non-compliance with directions by EPF Authority within 10 days is a criminal offence.
2022 LLR 1292
PATNA HIGH COURT

 While clubbing two establishments, in same building, the Enforcement Officer should have tak-en photographs.
2022 LLR 1277
KERALA HIGH COURT

 An appeal is to be filed within 60 days from the date or knowledge of the order.
2022 LLR 1260
BOMBAY HIGH COURT

 EPF authority must look at the plea of the petitioner establishment for its exemption from the Act.
2022 LLR 1242
TELANGANA HIGH COURT

 Condition for pre-deposit of appeal can be reduced to 20% of the determined amount due to fi-nancial hardship.
2022 LLR 1263
DELHI HIGH COURT

 The quasi-judicial authority must refer to all documents, and record.
2022 LLR 1277
KERALA HIGH COURT

 Tribunal can condone a delay of 60 days for filing an appeal subject to sufficient cause.
2022 LLR 1260
BOMBAY HIGH COURT

 EPF contributions are payable by the principal employer, employees of contractors without a Code number.
2022 LLR 1276
KERALA HIGH COURT

 During the investigation by the police, the court should not go into the merits of the allegations.
2022 LLR 1292
PATNA HIGH COURT

 Tribunal has discretionary power to reduce or even waive the condition of pre-deposit.
2022 LLR 1263
DELHI HIGH COURT

 Pension is no longer a bounty to be paid at the whims and fancies of the employer.
2022 LLR 1280
KERALA HIGH COURT

 Without giving specific reasons, reducing damages to 5% of the demand is tenable.
2022 LLR 1272
KERALA HIGH COURT

 While holding the enquiry the Authority shall follow the guidelines/instructions of EPFO.
2022 LLR 1242
TELANGANA HIGH COURT