IMPORTANT JUDGEMENTS for June 2022

IMPORTANT JUDGEMENTS

 Denial of maternity benefit can be only when dismissal was for serious misconduct.
2022 LLR 602
DELHI HIGH COURT

 Dismissal not to be set aside by Court when FIR for theft was not filed with police.
2022 LLR 609
GUJARAT HIGH COURT

 Service condition of workman can''t be changed during pendency of industrial dispute.
2022 LLR 620
MADHYA PRADESH HIGH COURT

 Non-payment of retrenchment compensation at the time of termination would justify reinstatement.
2022 LLR 624
MADRAS HIGH COURT

 Modification of punishment of dismissal for theft would not be proper.
2022 LLR 609
GUJARAT HIGH COURT

 Relationship between employer and employee will not establish when no witness is produced.
2022 LLR 647
GUJARAT HIGH COURT

 Before forfeiture of gratuity, show cause notice is imperative.
2022 LLR 641
CHHATTISGARH HIGH COURT

 Tribunal can differ with the conclusion of disciplinary authority only for justifiable reasons.
2022 LLR 609
GUJARAT HIGH COURT

 EPF contribution cannot be misappropriated after deduction of employees' share.
2022 LLR 672
CALCUTTA HIGH COURT

 Proceedings under section 7A to be set aside when opportunity to produce evidence was not given to employer.
2022 LLR 676
CALCUTTA HIGH COURT

 Damages can be imposed, not in all cases but in an appropriate cases.
2022 LLR 681
CALCUTTA HIGH COURT

 EPF Authority will not take coercive steps against the petitioner till the appeal is heard by a regular Tribunal.
2022 LLR 687
GUJARAT HIGH COURT

 EPF Authority must consider aggravating and mitigating facts and circumstances while assessing damages.
2022 LLR 681
CALCUTTA HIGH COURT

 Drawing salary more than the prescribed limit falls under the category of ''excluded employee''.
2022 LLR 676
CALCUTTA HIGH COURT

 Factors for levy of damages pertain to a number of defaults and periods of delay etc.
2022 LLR 688
KARNATAKA HIGH COURT

 Interim relief restraining the EPF Authority from taking coercive steps will operate till the Tribunal hears the petitioner.
2022 LLR 687
GUJARAT HIGH COURT

 EPF dues in installments may be allowed considering the financial difficulties of the employer.
2022 LLR 691
KERALA HIGH COURT

 EPF Authorities are supposed not to issue notices in a mechanical manner to the employers.
2022 LLR 692
KERALA HIGH COURT

 During pendency of review application, issuance of recovery notice is not sustainable.
2022 LLR 693
MADRAS HIGH COURT

 Waiver cannot be granted against interest imposed under section 7-Q of the Act.
2022 LLR 698
MADRAS HIGH COURT

 Appeal filed beyond the maximum limitation period of 120 days, is not admissible.
2022 LLR 699
MADRAS HIGH COURT

 EPF Authority under section 7-A has powers of a Civil Court for determination of money due from an employer.
2022 LLR 676
CALCUTTA HIGH COURT

 Prosecution of factory''s Director and Manager untenable when company is not impleaded as accused.
2022 LLR 616
JHARKHAND HIGH COURT

 Conveyance is not part of wages for ESI contributions.
2022 LLR 591
SUPREME COURT OF INDIA

 Mala fide transfer made after the employee intended to form union will be set aside.
2022 LLR 600
CALCUTTA HIGH COURT

 Section 14B of the Act is predominantly a penal levy which has to be imposed by the adjudicating authority.
2022 LLR 688
KARNATAKA HIGH COURT

 Writ petition not available when efficacious remedy for filing appeal is available.
2022 LLR 676
CALCUTTA HIGH COURT

 Subsequent deposits of provident fund contribution would not mitigate offence of default.
2022 LLR 672
CALCUTTA HIGH COURT

 Dismissal for forging education certificate when admitted, acquittal in criminal case will be irrelevant.
2022 LLR 591
SUPREME COURT OF INDIA

 Termination of a pregnant woman is not tenable when the motive was to deny maternity benefits.
2022 LLR 602
DELHI HIGH COURT

 Quantum of amount immaterial for termination for theft.
2022 LLR 609
GUJARAT HIGH COURT

 Working in supervisory category is proved when two employees were working under him.
2022 LLR 630
ORISSA HIGH COURT

 Gratuity for riotous and disorderly conduct can be only when the employee is convicted.
2022 LLR 641
CHHATTISGARH HIGH COURT

 High Court should not interfere in awarding punishment being prerogative of employer.
2022 LLR 591
SUPREME COURT OF INDIA

 An enquiry violative of natural justice is to be vitiated.
2022 LLR 620
MADHYA PRADESH HIGH COURT

 Gratuity is payable only when an employee has served for 5 years.
2022 LLR 597
CALCUTTA HIGH COURT