Reported Labour Law Judgments December 2021
Initial burden of proof for coverage of establishment lies upon ESI. 2021 LLR 1160 MADRAS HIGH COURT
Prohibition for working of women during night in factories is not unconstitutional. 2021 LLR 1169 KERALA High Court
Seeking transfer to a particular place is not sustainable in the absence of a vacancy. 2021 LLR 1180 HIMACHAL PRADESH HIGH COURT
Proving misconduct in an enquiry is not so rigid like a criminal trial. 2021 LLR 1153 Supreme Court of India
Dismissal from service for absenting due to medical reasons should have been modified. 2021 LLR 1184 MADRAS HIGH COURT
Prosecution for violation of Contract Labour (R&A) Act is redundant after delay of 34 years. 2021 LLR 1165 JHARKHAND HIGH COURT
No sympathy can be extended to an employee guilty of financial irregularities. 2021 LLR 1187 ALLAHABAD HIGH COURT
Interference by Courts is only when punishment is grossly disproportionate. 2021 LLR 1153 Supreme Court of India
Appeal against findings of facts by Employees' Insurance Court not tenable. 2021 LLR 1160 MADRAS HIGH COURT
Employees Compensation Act has no provision that driver dying in accident was drunk. 2021 LLR 1176 Telangana High Court
Circular providing graded amount for compensation on reinstatement cannot be faulted. 2021 LLR 1182 Rajasthan High Court
Instead of 25% labour charges for ESI contribution to be remitted for re-determination. 2021 LLR 1160 MADRAS HIGH COURT
Fabrication of documents as produced not presumed when not shown to inspector.2021 LLR 1160 MADRAS HIGH COURT
No violation of natural justice when employer was heard personally.2021 LLR 1174 TELANGANA HIGH COURT
Clubbing two establishments with common control and inter se functional integrality will be coverable under the Act. 2021 LLR 1192 BOMBAY HIGH COURT
Delay in filing a writ petition due to Covid-19 is a valid reason. 2021 LLR 1205 PUNJAB AND HARYANA HIGH COURT
Appeal rightly dismissed due to failure of appellant for pre deposit amount. 2021 LLR 1197 BOMBAY HIGH COURT
Recovery of determined money before expiry of period for filing of appeal not proper. 2021 LLR 1205 PUNJAB AND HARYANA HIGH COURT
Custodial interrogation of employer uncalled for when the determined amount has been remitted. 2021 LLR 1199 BOMBAY HIGH COURT
Defreezing bank of account of defaulting employer at the instance of police officer will not be legal. 2021 LLR 1197 BOMBAY HIGH COURT
Writ petition disposed of in view of settlement between the petitioner and respondent. 2021 LLR 1192 BOMBAY HIGH COURT
On pre-deposit of the demanded amount by the employer, the bank account will be defreezed. 2021 LLR 1197 BOMBAY HIGH COURT
Appeal will be restored on compliance of pre-deposit by the appellant. 2021 LLR 1197 BOMBAY HIGH COURT
Appeal within time returned on technical ground would not be time barred for its re-filing. 2021 LLR 1214 PUNJAB AND HARYANA HIGH COURT
A judgment not passed on merits is liable to be remanded. 2021 LLR 1206 PUNJAB AND HARYANA HIGH COURT
Appeal, not writ is an appropriate remedy to challenge order under section 7-A. 2021 LLR 1208 Himachal Pradesh High Court
An order to be set aside if any aspect on record is not considered. 2021 LLR 1206 PUNJAB AND HARYANA HIGH COURT
A subsidiary of a company has been rightly clubbed for coverage under the Act. 2021 LLR 1192 BOMBAY HIGH COURT
For recovery, the concerned authority should have approached the magistrate and the police. 2021 LLR 1197 BOMBAY HIGH COURT
EPF authority should pass fresh orders by considering the material on record. 2021 LLR 1200 BOMBAY HIGH COURT
Remand of proceedings to the tribunal was justified since some documents were not considered. 2021 LLR 1192 BOMBAY HIGH COURT
Dismissal of writ petition proper in the absence of jurisdiction or perversity of error on adjudication by Tribunal. 2021 LLR 1202 BOMBAY HIGH COURT
Writ court can allow employer to file appeal and also seek condonation of delay. 2021 LLR 1208 Himachal Pradesh High Court
Despite providing priority for recovery of EPF dues, the prescribed procedure is to be followed. 2021 LLR 1197 BOMBAY HIGH COURT
Ministry of Labour and Employment is empowered to confer territorial jurisdiction of appellate tribunals. 2021 LLR 1204 JHARKHAND HIGH COURT
Employer will not be arrested for default when he has given personal bond besides one or two sureties. 2021 LLR 1199 BOMBAY HIGH COURT
Sufficient time will be given to the public body for the production of records for a very old period. 2021 LLR 1200 BOMBAY HIGH COURT
There will be scope to interfere with the order of the lower court when the matter was remanded for re-consideration. 2021 LLR 1192 BOMBAY HIGH COURT
Recovered amount by PF authority is to be dispersed amongst beneficiaries on compliance with formalities 2021 LLR 1202 BOMBAY HIGH COURT
Tribunal can remove or waive the pre-deposit for admission of appeal. 2021 LLR 1205 PUNJAB AND HARYANA HIGH COURT
Installment for payment EPF dues appropriate because of financial difficulties of employer. 2021 LLR 1209 MADRAS HIGH COURT
Recovery of EPF dues to be made as per procedure and not resorting to any high handed or coercive tactics in contravention of law. 2021 LLR 1212 MADRAS HIGH COURT
One-sided judgment is liable to be set aside. 2021 LLR 1206 PUNJAB AND HARYANA HIGH COURT
Appeal to be filed within 60 or another 60 days only after showing sufficient cause for filing. 2021 LLR 1213 MADRAS HIGH COURT
Anticipatory bail will be allowed to employer when nothing more is to be recovered from him by PF authorities. 2021 LLR 1199 BOMBAY HIGH COURT
EPF authority can determine liability of employer only by giving full opportunity. 2021 LLR 1211 MADRAS HIGH COURT
Courts have a limited scope of interference in cases of dismissal after fair and proper enquiry.2021 LLR 1153 Supreme Court of India
Courtesy: Labour Law Reporter.
