IMPORTANT JUDGEMENTS for April 2020

IMPORTANT JUDGEMENTS

 Sexual harassment is an affront to the fundamental rights of a woman.
2020 LLR 355
SUPREME COURT OF INDIA

 Transfer of a low paid employee to a far-off place is not justified.
2020 LLR 399
RAJASTHAN HIGH COURT

 Dismissal of workman is justified when charge of theft is proved.
2020 LLR 378
MADRAS HIGH COURT

 Housing Society is not covered by ID Act.
2020 LLR 408
DELHI HIGH COURT

 Termination is not legal without retrenchment compensation and notice.
2020 LLR 394
MADHYA PRADESH HIGH COURT

 Termination is not legal without retrenchment compensation and notice.
2020 LLR 372
DELHI HIGH COURT

 Termination is not legal without retrenchment compensation and notice.
2020 LLR 396
PUNJAB AND HARYANA HIGH COURT

 Failure to report for duty despite repeated letters will amount to abandonment of job.
2020 LLR 370
DELHI HIGH COURT

 Imposing any punishment without proper enquiry is not tenable.
2020 LLR 362
DELHI HIGH COURT

 Enquiry on compliance of principle of natural justice will be held fair and proper.
2020 LLR 378
MADRAS HIGH COURT

 Termination of a probationer with stigma without of enquiry is illegal.
2020 LLR 401
SUPREME COURT OF INDIA

 Extension of the limitation period for prosecution is not provided in Factories Act.
2020 LLR 385
HIMACHAL PRADESH HIGH COURT

 Reinstatement with full back wages is appropriate when termination is illegal.
2020 LLR 396
PUNJAB AND HARYANA HIGH COURT

 Earned leave not permissible on reinstatement of a workman.
2020 LLR 414
KARNATAKA HIGH COURT

 A settlement has to be accepted or rejected as a whole.
2020 LLR 410
BOMBAY HIGH COURT

 Aggrieved party can file appeal under section 45AA of the ESI Act.
2020 LLR 381
MADRAS HIGH COURT

 Adverse inference to be drawn when a party possessing record fails to produce.
2020 LLR 396
PUNJAB AND HARYANA HIGH COURT

 Denial of wages for the period the workman was not allowed to resume duties is unjustified.
2020 LLR 362
DELHI HIGH COURT

 No notice needs to be served by factory inspector for inspection of factory premises.
2020 LLR 391
CALCUTTA HIGH COURT

 If guilt of sexual harassment of workman is proved, the perpetrator not to be let off with termination simpliciter.
2020 LLR 401
SUPREME COURT OF INDIA

 Consequential benefits would mean those available in normal course to reinstated workman.
2020 LLR 414
KARNATAKA HIGH COURT

 Transfer of a bank officer is mala fide when she alleged of sexual harassment against a senior officer.
2020 LLR 355
SUPREME COURT OF INDIA

 Dismissal without holding enquiry would justify reinstatement with back wages.
2020 LLR 397
KARNATAKA HIGH COURT

 High Court can quash criminal proceedings under the Factories Act if no offence is made out.
2020 LLR 391
CALCUTTA HIGH COURT

 Penal rent for unauthorised occupation of employer's quarter can be adjusted against gratuity of employee.
2020 LLR 389
JHARKHAND HIGH COURT

 Dismissal unjustified when the charge against workman is not proved in enquiry.
2020 LLR 364
DELHI HIGH COURT

 Inquiry not proper when complainant's objection about bias by independent member of ICC was not removed.
2020 LLR 355
SUPREME COURT OF INDIA

 A plea of fact cannot be pressed at a later stage.
2020 LLR 410
BOMBAY HIGH COURT

 Levy of damages include number of defaults, amount involved and mens rea etc. Anr.
2020 LLR 460
ALLAHABAD HIGH COURT

 EPFA Tribunal not empowered to condone delay beyond prescribed limitation.
2020 LLR 448
ALLAHABAD HIGH COURT

 Period of limitation for filing appeal in Tribunal is not ultra vires.
2020 LLR 448
ALLAHABAD HIGH COURT

 Extension of time for appeal applicable in courts but not before EPFA Tribunal
2020 LLR 448
ALLAHABAD HIGH COURT

 When an appeal is dismissed in default, application for its restoration is to be filed within 30 days from the date of order.
2020 LLR 420
KERALA HIGH COURT

 Recovery of dues rightly stayed when order was issued before the period prescribed for filing appeal before EPFA Tribunal.
2020 LLR 423
MADRAS HIGH COURT

 Appeal against order passed under section 7-Q pertaining to interest is not maintainable.
2020 LLR 469
KERALA HIGH COURT

 Limitation for filing review against the order of EPF Authority is 45 days.
2020 LLR 446
MADRAS HIGH COURT

 Without exhausting alternative remedies, challenging the order of EPF Authority in writ petition is not maintainable.
2020 LLR 439
HIMACHAL PRADESH HIGH COURT

 Insisting payment of determined amount before expiry of prescribed limitation for filing appeal is liable to be set aside.
2020 LLR 443
MADRAS HIGH COURT

 Pre-deposit can be stayed for filing appeal if interest amount is deposited.
2020 LLR 438
MADRAS HIGH COURT

 Writ petition is not maintainable against the order without exhausting of the remedy of appeal.
2020 LLR 435
MADRAS HIGH COURT

 Failure to remit EPF dues in agreed instalments, the EPF Authority may recover the entire remaining amount.
2020 LLR 421
KERALA HIGH COURT

 No court can extend limitation for filing appeal beyond prescribed period.
2020 LLR 446
MADRAS HIGH COURT

 Central Board can waive the whole amount of damages for default in payment of EPF dues by a sick industry.
2020 LLR 441
MADRAS HIGH COURT

 Imposition of damages in the absence of mens rea is not sustainable.
2020 LLR 460
ALLAHABAD HIGH COURT

 During the pendency of stay application, recovery not permissible.
2020 LLR 444
MADRAS HIGH COURT

 Recovery of EPF contributions would prevail over debts from the employer.
2020 LLR 425
MADRAS HIGH COURT

 Delayed remittance of EPF dues attracts both i.e. damages and interest.
2020 LLR 469
KERALA HIGH COURT

 Whole amount will have to be deposited when payment of instalment is defaulted.
2020 LLR 440
MADRAS HIGH COURT

 Limitation prescribed in special statute can't be disturbed by Limitation Act.
2020 LLR 448
ALLAHABAD HIGH COURT

 Calculating damages prior to revised rates of 2008 is not legal.
2020 LLR 460
ALLAHABAD HIGH COURT

 Order of recovery issued by EPF Authority prior to expiry of limitation period of appeal is to be set aside.
2020 LLR 423
MADRAS HIGH COURT

 Pre-deposit of 75% of the assessed amount is a must for admission of appeal.
2020 LLR 424
MADRAS HIGH COURT

 Attachment of bank accounts of a municipality maybe lifted for a short period to take remedial steps.
2020 LLR 435
MADRAS HIGH COURT

 Tribunal not empowered to exempt from paying total amount of damages.
2020 LLR 441
MADRAS HIGH COURT

 Delayed remittance of EPF dues for transport company not valid.
2020 LLR 424
MADRAS HIGH COURT

 EPF Authorities have to dispose of grievance of an employee expeditiously.
2020 LLR 445
MADRAS HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 471
KERALA HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 440
MADRAS HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 441
MADRAS HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 422
MADRAS HIGH COURT

 Grievances of members of Pension Schemes should be disposed within time bound schedule.
2020 LLR 417
KERALA HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 417
KERALA HIGH COURT

 Failure to contest proceeding before EPF authority despite repeated notices would not justify employer's plea that opportunity for hearing was not provided.
2020 LLR 417
KERALA HIGH COURT

 Instalments for EPF can be allowed in view of the Employer's financial position.
2020 LLR 468
MADRAS HIGH COURT