IMPORTANT JUDGEMENTS for May 2022

IMPORTANT JUDGEMENTS

 For wage deduction, employee must be given opportunity to be heard.
2022 LLR 473
SUPREME COURT OF INDIA

 Car driver engaged by an officer will not be an employee of establishment.
2022 LLR 496
CALCUTTA HIGH COURT

 Principal employers assuming control over workers will be treated as their employers.
2022 LLR 512
MADHYA PRADESH HIGH COURT

 Medical certificate showing a male employee as pregnant would be a fabrication justifying criminal action.
2022 LLR 516
MADHYA PRADESH HIGH COURT

 A complaint for violation of Factories Act, filed after three months would be untenable.
2022 LLR 508
JHARKHAND HIGH COURT

 Demanding any wages directly from the employer or contractor will be illegal and violative of the Headload Workers REW Scheme.
2022 LLR 534
KERALA HIGH COURT

 'Go slow' is a serious misconduct if workers remain present without doing work.
2022 LLR 473
SUPREME COURT OF INDIA

 Non-payment of retrenchment compensation to a worker, when worked for 5 years, would ren-der termination illegal.
2022 LLR 501
GUJARAT HIGH COURT

 President of a Trust not necessarily be an employer immune from enquiry by ICC under POSH Act.
2022 LLR 480
BOMBAY HIGH COURT

 Witnesses if not examined in presence of applicant, enquiry will be violative of natural justice.
2022 LLR 488
KERALA HIGH COURT

 Appellate Authority under Gratuity Act can't extend limitation beyond 60 days after ini-tial 60 days.
2022 LLR 510
MADHYA PRADESH HIGH COURT

 Liability for accident compensation would arise from the date of employee's death.
2022 LLR 475
SUPREME COURT OF INDIA

 Appropriate government must consider the dispute for referring for adjudication.
2022 LLR 512
MADHYA PRADESH HIGH COURT

 Internal Complaint Committee and the Local Complaint Committee operate in distinct spheres under POSH Act.
2022 LLR 480
BOMBAY HIGH COURT

 Principal employer is liable for wages if the contractor fails to pay his workers.
2022 LLR 499
CALCUTTA HIGH COURT

 Adjudicator can lift the veil to determine relationship between employer and employee.
2022 LLR 512
MADHYA PRADESH HIGH COURT

 Non-disclosure of pendency of criminal case will make the employee non-trustworthy.
2022 LLR 516
MADHYA PRADESH HIGH COURT

 Appellate Tribunal can condone delay of maximum of 60 days after prescribed period of 60 days of limitation.
2022 LLR 571
MADRAS HIGH COURT

 The Appellate Tribunal is bound to deal with all grounds raised by the parties in order.
2022 LLR 555
HIMACHAL PRADESH HIGH COURT

 Attaching bank account before the prescribed limitation period for appeal is set aside.
2022 LLR 557
JHARKHAND HIGH COURT

 Non-providing copy of report of enforcement officer is violative of natural justice.
2022 LLR 571
MADRAS HIGH COURT

 Recovery of EPF dues only after result of appeal as filed by employer.
2022 LLR 565
MADRAS HIGH COURT

 An order under section 7A can be challenged in appeal and not in Writ Petition.
2022 LLR 571
MADRAS HIGH COURT

 Enforcement machinery should not be converted as a ploy just to fill up the coffers of the EP-FO.
2022 LLR 574
MADRAS HIGH COURT

 Interest will be paid by EPFO on delayed payment of EDLI to the legal heirs.
2022 LLR 569
MADRAS HIGH COURT

 Instalments can be allowed for depositing EPF dues considering financial difficulties.
2022 LLR 561
KERALA HIGH COURT

 Instalments can be allowed for depositing EPF dues considering financial difficulties.
2022 LLR 567
MADRAS HIGH COURT

 Instalments can be allowed for depositing EPF dues considering financial difficulties.
2022 LLR 562
KERALA HIGH COURT

 Challenging order u/s 7A in High Court untenable unless appeal is filed.
2022 LLR 561
KERALA HIGH COURT

 Liquidator can allow an amount of Rs.12,13,513/- to be disbursed from the funds available on liquidation of a company.
2022 LLR 551
GUJARAT HIGH COURT

 Writ petition not tenable during pendency of appeal before EPF Appellate Tribunal.
2022 LLR 554
CALCUTTA HIGH COURT

 Levy of interest without hearing employer is not tenable.
2022 LLR 576
ORISSA HIGH COURT

 No appeal lies against an order of levy of interest and delayed deposit of EPF dues.
2022 LLR 576
ORISSA HIGH COURT

 Initiating proceedings can be at any time in the absence of a limitation period.
2022 LLR 577
ORISSA HIGH COURT

 Attaching bank account without supplying copy of order is not sustainable.
2022 LLR 563
MADRAS HIGH COURT

 Overlooking all grounds of the parties by the Tribunal will amount to non-speaking order.
2022 LLR 555
HIMACHAL PRADESH HIGH COURT

 Denial of opportunity for cross-examination of Enforcement Officer is violative of natural jus-tice.
2022 LLR 574
MADRAS HIGH COURT