IMPORTANT JUDGEMENTS November 2022- Reported Judgments at Glance
Reinstatement with back wages is not automatic even if termination is illegal. 2022 LLR 1228 ORISSA HIGH COURT
Initiating criminal proceedings instead of challenging termination is liable to be quashed. 2022 LLR 1239 KARNATAKA HIGH COURT
Freelancers do not have master-servant relationships. 2022 LLR 1233 DELHI HIGH COURT
The duty of authority for granting approval for termination is only to verify whether the enquiry was fair or not. 2022 LLR 1204 KERALA HIGH COURT
The legality or illegality of the strike can be decided by adjudication. 2022 LLR 1193 MADRAS HIGH COURT
Bank employees are required to observe higher standards of honesty and integrity. 2022 LLR 1220 ANDHRA PRADESH HIGH COURT
Forfeiture of gratuity without show cause notice to the claimant is not sustainable. 2022 LLR 1206 KARNATAKA HIGH COURT
The inquiry officer under POSH Act must be a senior to the delinquent. 2022 LLR 1188 MADRAS HIGH COURT
Workmen of contractors for cold drink bottles can't get wages for regular employees of the principal employer. 2022 LLR 1228 ORISSA HIGH COURT
Dismissal can't be challenged before the labour authority after granting approval. 2022 LLR 1181 SUPREME COURT OF INDIA
An employee is not a workman if payments to employees were made as those to contractors. 2022 LLR 1233 DELHI HIGH COURT
Dismissal after long absenteeism due to sickness is justified if a workman is unfit to perform duties. 2022 LLR 1187 PATNA HIGH COURT
An employee discharging the duty of supervisory nature will not be a workman. 2022 LLR 1195 Jharkhand High Court
Section 33(2)(b) of the ID Act protects the workman from victimization during the pendency of the dispute. 2022 LLR 1204 KERALA HIGH COURT
Good conduct and discipline are inseparable from the functioning of every bank officer/employee. 2022 LLR 1220 ANDHRA PRADESH HIGH COURT
Termination of service due to losses did not justify the employees to initiate criminal proceedings. 2022 LLR 1239 KARNATAKA HIGH COURT
Law does not prescribe any time limit for seeking a reference of the industrial dispute. 2022 LLR 1226 ORISSA HIGH COURT
Termination of service in violation of section 25-F of the Industrial Disputes Act will be illegal. 2022 LLR 1200 JAMMU & KASHMIR AND LADAKH HIGH COURT
While conducting the enquiry, the authority must comply with the circulars, instructions and guidelines. 2022 LLR 1242 TELANGANA HIGH COURT
The rate of damages for delayed deposit of EPF dues must be effective at reduced rates. 2022 LLR 1290 MADRAS HIGH COURT
No damages and interest can be levied for non-remittance of EPF dues. 2022 LLR 1262 DELHI HIGH COURT
EPF Authority cannot take any coercive action till the expiry of time granted to be deposited. 2022 LLR 1266 DELHI HIGH COURT
Any order of the EPF Authority for imposing penalties without analyzing facts is not sustainable. 2022 LLR 1272 KERALA HIGH COURT
Non-compliance with directions by EPF Authority within 10 days is a criminal offence. 2022 LLR 1292 PATNA HIGH COURT
While clubbing two establishments, in same building, the Enforcement Officer should have taken photographs.2022 LLR 1277 KERALA HIGH COURT
An appeal is to be filed within 60 days from the date or knowledge of the order. 2022 LLR 1260 BOMBAY HIGH COURT
EPF authority must look at the plea of the petitioner establishment for its exemption from the Act. 2022 LLR 1242 TELANGANA HIGH COURT
Condition for pre-deposit of appeal can be reduced to 20% of the determined amount due to financial hardship. 2022 LLR 1263 DELHI HIGH COURT
The quasi-judicial authority must refer to all documents, and record. 2022 LLR 1277 KERALA HIGH COURT
Tribunal can condone a delay of 60 days for filing an appeal subject to sufficient cause. 2022 LLR 1260 BOMBAY HIGH COURT
EPF contributions are payable by the principal employer, employees of contractors without a Code number. 2022 LLR 1276 KERALA HIGH COURT
During the investigation by the police, the court should not go into the merits of the allegations. 2022 LLR 1292 PATNA HIGH COURT
Tribunal has discretionary power to reduce or even waive the condition of pre-deposit. 2022 LLR 1263 DELHI HIGH COURT
Pension is no longer a bounty to be paid at the whims and fancies of the employer. 2022 LLR 1280 KERALA HIGH COURT
Without giving specific reasons, reducing damages to 5% of the demand is tenable.2022 LLR 1272 KERALA HIGH COURT
While holding the enquiry the Authority shall follow the guidelines/instructions of EPFO. 2022 LLR 1242 TELANGANA HIGH COURT
Courtesy: Labour Law Reporter.
