IMPORTANT JUDGEMENTS for December 2022

IMPORTANT JUDGEMENTS

 Reinstatement is not a rule of thumb in all cases even if termination is illegal.
2022 LLR 1300
DELHI HIGH COURT

 Article 226 is not appellate in nature hence reappraisal of evidence would be extraneous
2022 LLR 1301
DELHI HIGH COURT

 An ex-parte award may be set aside if Management pays the entire awarded amount.
2022 LLR 1299
DELHI HIGH COURT

 Regularisation of a temporary employee on reinstatement will be unconstitutional.
2022 LLR 1300
DELHI HIGH COURT

 An Award can be challenged in High Court only in the absence of any forum for appeal and must be dealt with circumspection.
2022 LLR 1301
DELHI HIGH COURT

 Only the appropriate government can form an opinion on whether the dispute needs adjudication.
2022 LLR 1304
DELHI HIGH COURT

 Unpaid amounts by employers can be recovered by workmen under section 33C of the ID Act.
2022 LLR 1314
KARNATAKA HIGH COURT

 On failure of employer to comply with the direction of Labour Court, ex-parte award is not to be set aside.
2022 LLR 1299
DELHI HIGH COURT

 Appellate Tribunal or Writ Court can direct EPF authority to lift the order of attachment of the petitioner's bank account.
2022 LLR 1339
MADRAS HIGH COURT

 Compensation in lieu of reinstatement is appropriate relief.
2022 LLR 1300
DELHI HIGH COURT

 Termination is held to be illegal in the absence of one month's notice and compensation.
2022 LLR 1311
GUJARAT HIGH COURT

 The Authority of the central government can reasonably classify different sets of employees.
2022 LLR 1318
SUPREME COURT OF INDIA

 The award of the Tribunal cannot be displaced by High Court by taking a different view.
2022 LLR 1301
DELHI HIGH COURT

 Industrial Disputes Act is beneficial legislation to protect the interests of workmen.
2022 LLR 1299
DELHI HIGH COURT

 Employer-employee relationship can be determined only by adjudication.
2022 LLR 1304
DELHI HIGH COURT

 No provisions of another statute can be made applicable over another unless provided in the statutes.
2022 LLR 1306
GUJARAT HIGH COURT

 Provisions contained in the Employees' Pension (Amendment) Scheme are legal and valid.
2022 LLR 1318
SUPREME COURT OF INDIA

 Reinstatement is not appropriate when a concerned employee has superannuated or nearing superannuation.
2022 LLR 1309
GUJARAT HIGH COURT

 A firm cannot be put under ESI Act unless a Notification is issued by the appropriate Government.
2022 LLR 1306
GUJARAT HIGH COURT

 An appeal is not permissible against the order passed pertaining to levy of interest for delayed payment.
2022 LLR 1334
BOMBAY HIGH COURT

 The requirement in the pension scheme for an employee's contribution of 1.16% is illegal.
2022 LLR 1318
SUPREME COURT OF INDIA

 Educational institutions are coverable under the EPF&MP Act.
2022 LLR 1336
MADHYA PRADESH HIGH COURT

 There is no flaw in altering the basis for the computation of pensionable salary.
2022 LLR 1318
SUPREME COURT OF INDIA

 The recovery process under section 8-F of the EPF&MP Act during the pendency of an appeal is not proper.
2022 LLR 1338
MADRAS HIGH COURT

 Para 11(4) of the EPS will be applicable to the employees who exercised the option under para 11(3) of the 1995 pension scheme.
2022 LLR 1318
SUPREME COURT OF INDIA

 Hospitals and schools of the same Society with different code numbers will be treated separately.
2022 LLR 1340
MADRAS HIGH COURT

 There was no cut-off date in paragraph 11(3) of the Pension Scheme before 2014 amendment.
2022 LLR 1318
SUPREME COURT OF INDIA

 Levy of interest along with damages for a delayed deposit would be appealable before the Tribunal.
2022 LLR 1334
BOMBAY HIGH COURT

 The pension scheme ought to apply in the same manner to the employees of exempted and regular establishments.
2022 LLR 1318
SUPREME COURT OF INDIA

 Recovery proceedings may be stayed by the Tribunal subject to any reasonable condition.
2022 LLR 1339
MADRAS HIGH COURT

 Additional three months are allowed to complete the liquidation proceeding by the liquidator.
2022 LLR 1343
MADRAS HIGH COURT

 Law is no longer res-integra for exercising power under Article 226 for statutorily fixed limitation.
2022 LLR 1346
ORISSA HIGH COURT

 Hospitals employing only 7 persons would not be treated as an establishment to be covered by the EPF&MP Act.
2022 LLR 1340
MADRAS HIGH COURT

 Any order passed without considering documents submitted by the employer is not sustainable.
2022 LLR 1344
MADRAS HIGH COURT