Reported Judgments at a Glance April 2021
Acceptance of resignation, when not by competent authority is invalid. 2021 LLR 398 MADRAS HIGH COURT
Sleeping on duty by a watchman is serious misconduct. 2021 LLR 412 MADRAS HIGH COURT
Transfer of an employee from one place to another is an incident of service. 2021 LLR 382 KERALA HIGH COURT
Engaging temporary or casual workers for years amounted to unfair labour practice. 2021 LLR 366 Delhi High Court
A judgment is not viable if the reasons given therein are incomprehensible. 2021 LLR 355 SUPREME COURT OF INDIA
Police have no jurisdiction to direct an employer to dismiss any of his employees. 2021 LLR 422 Karnataka High Court
Nurses in a hospital cannot go on strike. 2021 LLR 357 Delhi High Court
If the enquiry is held fair, then it is to be seen whether punishment is proportionate or not. 2021 LLR 429 MADRAS HIGH COURT
''Moral Policing'' is not the job of the Management or of the ICC under POSH Act. 2021 LLR 359 Delhi High Court
By an oral appointment, it cannot be inferred that the worker was engaged for the fixed term. 2021 LLR 378 GUJARAT HIGH COURT
An enquiry is not proper if the Enquiry Officer has not considered evidence of the workman''s witness. 2021 LLR 403 MADRAS HIGH COURT
Any dispute between workmen and employer is to be adjudicated but not by writ court. 2021 LLR 397 Madhya Pradesh High Court
Workers of contractors do not have any legal right to seek renewal of their contract. 2021 LLR 417 PUNJAB AND HARYANA HIGH COURT
Supervision over workers by employer when not proved, will not establish employer-employee relationship. 2021 LLR 424 MADRAS HIGH COURT
Sexual harassment when not proved, the ICC can recommend not to take any action. 2021 LLR 359 Delhi High Court
Last drawn wages to a workman during the pendency of proceedings in higher Court are not refundable. 2021 LLR 363 Delhi High Court
Striking work to bargain with the employer does not give right for indulging in violence. 2021 LLR 382 KERALA HIGH COURT
POSH Act ensures an equitous, safe and secure environment for women to work with dignity. 2021 LLR 384 KERALA HIGH COURT
Reinstatement in every case of illegal termination cannot be ordered mechanically. 021 LLR 392 Madhya Pradesh High Court
When a director submitted resignation, he would, not liable for any liability of the Company. 2021 LLR 466 Karnataka High Court
EPF Act
An ex-parte assessment is set aside if due to non-service of notice for hearing to the employer. 2021 LLR 445 Delhi High Court
High Court is empowered to allow remittance of EPF dues in instalments with reasonable condition. 2021 LLR 448 KERALA HIGH COURT
Dismissal of appeal by Tribunal without disposal of interlocutory application is not sustainable 2021 LLR 449 MADRAS HIGH COURT
While reducing pre-deposit of 75% of the assessed amount on appeal, reason has to be given. 2021 LLR 451 MADRAS HIGH COURT
Special allowances which form part of the ''basic wages'' are subject to Provident Fund contributions. 2021 LLR 452 MADRAS HIGH COURT
Interest imposed for delayed deposit of EPF dues can''t be reduced even in an appeal. 2021 LLR 458 ORISSA HIGH COURT
Executive instructions cannot surpass the provisions of the Act. 2021 LLR 462 PUNJAB AND HARYANA HIGH COURT
Recovery proceedings initiated by the EPF Authority shall remain stayed till the consideration of reply of the notice. 2021 LLR 465 Karnataka High Court
Financial crisis being faced by the employer for remittance of EPF dues in instalments is justified. 2021 LLR 441 KERALA HIGH COURT
Financial crisis being faced by the employer for remittance of EPF dues in instalments is justified. 2021 LLR 438 MADRAS HIGH COURT
Effective remedy is to file appeal for challenging order passed by EPF Authority and not the writ petition. 2021 LLR 439 MADRAS HIGH COURT
Spread of COVID-19 pandemic, justifies remittance of EPF dues by employer in instalments is justified. 2021 LLR 440 MADRAS HIGH COURT
When an establishment has engaged 20 or more employees, the Act is applicable to it. 2021 LLR 440 MADRAS HIGH COURT
No appeal shall lie against section 7-O pertaining to interest on delayed deposit of EPF dues. 2021 LLR 442 KERALA HIGH COURT
Element of mens rea is an important factor for levy of damages but subject to conduct of employer. 2021 LLR 443 MADRAS HIGH COURT
An order to be set aside if it was passed without granting proper opportunity to the employer 2021 LLR 445 Delhi High Court
EPFA Tribunal can, waive or reduce the pre-deposit amount considering financial losses of appellant 2021 LLR 442 KERALA HIGH COURT
A director would not always come within the definition of ''employer'' 2021 LLR 466 Karnataka High Court
Courtesy- Labour Law Reporter
