IMPORTANT JUDGEMENTS August 2022- Reported Judgments at Glance
• 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 punishment. 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 drunkardness 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 un authorized 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 regularization. 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
EPF
• 15% damages appropriate on the failure of RPFC for past defaults and delayed remittance. 2022 LLR 907 Chattishgarh 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 maintainable. 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 sustainable. 2022 LLR 941 Himachal Pradesh High Court
• Section 7A order when vague, is to be re-determined. 2022 LLR 925 Chhattisgarh High Court
Courtesy : Labour Law Reporter.
