IMPORTANT JUDGEMENTS for August 2022

IMPORTANT JUDGEMENTS

 Termination for misconduct without enquiry is not sustainable.
2022 LLR 866
KARNATAKA HIGH COURT

 Dismissal justified on proved charges of sexual harassment.
2022 LLR 848
GUJARAT HIGH COURT

 Appellate Authority of Gratuity is not empowered to interfere with an employer's punish-ment.
2022 LLR 884
CALCUTTA HIGH COURT

 Non-compliance with 'last come first go' will vitiate retrenchment.
2022 LLR 888
HIMACHAL PRADESH HIGH COURT

 A medical certificate will be necessary to prove drunkard-ness during duty hours.
2022 LLR 880
MADRAS HIGH COURT

 Termination will have to be challenged at the place where the workman had worked.
2022 LLR 827
SUPREME COURT OF INDIA

 Regional Ayurvedic/Unani Officer is liable to pay minimum wages.
2022 LLR 830
ALLAHABAD HIGH COURT

 Dismissal for unauthorised absenteeism for six days will be disproportionate to the misconduct.
2022 LLR 880
MADRAS HIGH COURT

 Artificial breaks for the part-time employee will not deprive her of regularisation.
2022 LLR 888
HIMACHAL PRADESH HIGH COURT

 A Court cannot overlook the fact if a daily wager challenged his termination after 14 years.
2022 LLR 833
ALLAHABAD HIGH COURT

 Writ Court can interfere with findings of Tribunal when violative of natural justice.
2022 LLR 836
CALCUTTA HIGH COURT

 Ex-parte award to be set aside on deposit of 100% of the awarded amount.
2022 LLR 838
DELHI HIGH COURT

 Aggrieved women subjected to sexual harassment can be of any age.
2022 LLR 848
GUJARAT HIGH COURT

 Loss caused to the employer can be recovered from the gratuity of the employee.
2022 LLR 884
CALCUTTA HIGH COURT

 All issues, except territorial jurisdiction, are decided together.
2022 LLR 827
SUPREME COURT OF INDIA

 State Government must abide by the Scheduled Employments for fixation of minimum wages.
2022 LLR 830
ALLAHABAD HIGH COURT

 Liabilities may be fastened on contractors once engagement of contract labour is established.
2022 LLR 831
ALLAHABAD HIGH COURT

 The Presiding Officer of ICC of POSH Act has to be a woman employed at a senior level.
2022 LLR 848
GUJARAT HIGH COURT

 15% damages appropriate on the failure of RPFC for past defaults and delayed remittance.
2022 LLR 907
CHHATTISGARH HIGH COURT

 An unreasoned order passed by any judicial authority is not sustainable.
2022 LLR 941
HIMACHAL PRADESH HIGH COURT

 Rejection of review petition must be by speaking order.
2022 LLR 925
CHHATTISGARH HIGH COURT

 No interest is payable on a number of employees lying in the 'inoperative account'.
2022 LLR 939
HIMACHAL PRADESH HIGH COURT

 When EPF Appellate Tribunal is non-functional, the employer may seek remedy in High Court.
2022 LLR 943
KARNATAKA HIGH COURT

 The reduction of damages by 60% by the Appellate Tribunal is not arbitrary.
2022 LLR 904
KARNATAKA HIGH COURT

 Central Board can reduce or waive the damages of a sick company.
2022 LLR 912
MADRAS HIGH COURT

 In the absence of any infirmity in the decision of the EPF Authority, writ petition is not main-tainable.
2022 LLR 915
MADRAS HIGH COURT

 Judicial authorities must ensure that the principles of natural justice have been complied with.
2022 LLR 941
HIMACHAL PRADESH HIGH COURT

 Delay in filing an appeal beyond the prescribed limit is not condonable.
2022 LLR 916
MADRAS HIGH COURT

 An employer facing financial difficulties can pay damages in installments.
2022 LLR 912
MADRAS HIGH COURT

 Tribunal has powers to condone the delay in filing an appeal for 60 days.
2022 LLR 917
MADRAS HIGH COURT

 The EPF authority is under certain legal obligations while allotting a fresh PF code number.
2022 LLR 906
MADRAS HIGH COURT

 For delayed remittance, damages under section 14-B of the Act are leviable.
2022 LLR 922
MADRAS HIGH COURT

 Section 7C of the Act could be invoked only to determine the escaped amount.
2022 LLR 933
TELANGANA HIGH COURT

 EPF dues not claimed within 36 months after retirement they will be transferred to an 'inoperative account'.
2022 LLR 939
HIMACHAL PRADESH HIGH COURT

 Any order by the judicial authority without giving the opportunity of a hearing is not sustaina-ble.
2022 LLR 941
HIMACHAL PRADESH HIGH COURT

 Section 7A order when vague, is to be re-determined.
2022 LLR 925
CHHATTISGARH HIGH COURT