IMPORTANT JUDGEMENTS for July 2022

IMPORTANT JUDGEMENTS

 An employee holding a transferable post has no right to be posted at a particular place.
2022 LLR 716
CALCUTTA HIGH COURT

 Reinstatement with back wages is the normal rule when the removal of workers is illegal.
2022 LLR 772
TELANGANA HIGH COURT

 Occupier, not Managing Director, is liable for the offence under Factories Act.
2022 LLR 756
KERALA HIGH COURT

 An employee accepting terms in the appointment letter can't demand better service condi-tions.
2022 LLR 748
KARNATAKA HIGH COURT

 Termination for misconduct is not retrenchment.
2022 LLR 765
PUNJAB AND HARYANA HIGH COURT

 Appeal against Compensation Commissioner can be admitted only on the question of law.
2022 LLR 709
SUPREME COURT OF INDIA

 Unlike criminal cases, misconduct in enquiry need not be proved beyond a reasonable doubt.
2022 LLR 748
KARNATAKA HIGH COURT

 Even a casual or daily wager will be entitled to gratuity if he has served for more than 5 years.
2022 LLR 745
KARNATAKA HIGH COURT

 Sexual harassment cannot be established in the absence of sufficient proof.
2022 LLR 761
MADRAS HIGH COURT

 No relief from the Court when facts are concealed.
2022 LLR 745
KARNATAKA HIGH COURT

 Once a worker declares as unemployed, the employer has to prove his gainful employment.
2022 LLR 772
TELANGANA HIGH COURT

 The wording of reference would not bind the Labour Court to confine adjudication.
2022 LLR 736
DELHI HIGH COURT

 It is well settled in law that reason is the heartbeat of every conclusion.
2022 LLR 786
KARNATAKA HIGH COURT

 Merely by gate passes and identity card, contractor's workers can't be employees of the principal employer.
2022 LLR 781
GAUHATI HIGH COURT

 Labour Court can't decide beyond the pleadings of the parties.
2022 LLR 748
KARNATAKA HIGH COURT

 Failure to comply with the transfer order is misconduct.
2022 LLR 716
CALCUTTA HIGH COURT

 The employer must prove that the employee is not a 'workman'.
2022 LLR 711
ALLAHABAD HIGH COURT

 Writ petition untenable without exhausting statutory forum provided under ESI.
2022 LLR 770
TELANGANA HIGH COURT

 Dismissal for not reporting at the transferred place without an enquiry will be untenable.
2022 LLR 716
CALCUTTA HIGH COURT

 Pre-deposit is not necessary for filing an appeal challenging the levy of damages.
2022 LLR 792
ALLAHABAD HIGH COURT

 When the demand of EPF Authority is statutory, there cannot be any estoppel against the stat-ute.
2022 LLR 813
PUNJAB AND HARYANA HIGH COURT

 Allowances would not attract EPF contributions if not applicable to all employees.
2022 LLR 806
KERALA HIGH COURT

 An attendance bonus not static in nature would not attract provident fund contribution.
2022 LLR 810
MADRAS HIGH COURT

 Initiating recovery proceedings within the prescribed period of appeal is not proper.
2022 LLR 818
JHARKHAND HIGH COURT

 Basic wages would include allowances which are not variable due to any reasons.
2022 LLR 806
KERALA HIGH COURT

 Petitioners cannot claim identification of beneficiaries after the order for determination is passed.
2022 LLR 797
DELHI HIGH COURT

 The employer is liable for the contributions of outsourced workers.
2022 LLR 815
TELANGANA HIGH COURT

 The challenge to show cause notice issued by EPF Authority in the filing writ petition is not maintainable.
2022 LLR 822
KERALA HIGH COURT

 Attachment of bank accounts of defaulting employer during pendency of the appeal is not prop-er.
2022 LLR 819
MADRAS HIGH COURT

 HRA is specifically excluded, hence no EPF dues is to be calculated upon the amount of HRA.
2022 LLR 804
KERALA HIGH COURT

 Determination of dues becomes final if no appeal is filed within the prescribed limitation peri-od.
2022 LLR 813
PUNJAB AND HARYANA HIGH COURT

 Appeal, not writ, for challenging order under section 7A of the Act.
2022 LLR 815
TELANGANA HIGH COURT

 Writ Petition against the order passed by EPF Authority is not maintainable if the alternate remedy is not exhausted.
2022 LLR 818
JHARKHAND HIGH COURT

 Defaulter for remittance for PF dues only one who is having ultimate control of the establish-ment.
2022 LLR 822
KERALA HIGH COURT

 Financial constraint is no bar to levying damages for belated remission of PF dues.
2022 LLR 815
TELANGANA HIGH COURT

 Expression 'dues' as given in the Act, would not only include basic wages but allow-ances also.
2022 LLR 804
KERALA HIGH COURT

 Appeal to be filed within 60 days and another 60 days can be extended on sufficient cause.
2022 LLR 793
CALCUTTA HIGH COURT