IMPORTANT JUDGEMENTS February 2022- Reported Judgments at Glance
An employee can't be represented in the enquiry by an outsider or a legal practitioner. 2022 LLR 120 SUPREME COURT OF INDIA
Dismissal of a rash and negligent driver is just and proper. 2022 LLR 126 SUPREME COURT OF INDIA
Transfer of an employee cannot be thwarted due to personal difficulties or language problems. 2022 LLR 164 KARNATAKA HIGH COURT
Departmental enquiry can be held simultaneously with criminal trial. 2022 LLR 171 JHARKHAND HIGH COURT
Insurer can't deny compensation on accidental death of insured helper or cleaner. 2022 LLR 131 SUPREME COURT OF INDIA
Termination of a probationer unsatisfactory performance would not be stigmatic. 2022 LLR 183 BOMBAY HIGH COURT
Interference in punishment not justified when enquiry is held as fair and proper. 2022 LLR 126 SUPREME COURT OF INDIA
Contractor's employee cannot claim relief from the principal employer on his termination. 2022 LLR 162 PUNJAB AND HARYANA HIGH COURT
An ex-parte award will be set aside when there is bona fide mistake in noting down the next date of hearing. 2022 LLR 139 DELHI HIGH COURT
An appeal against the award of Accident Compensation Commissioner will lie only on substantial question of law. 2022 LLR 119 SUPREME COURT OF INDIA
Delinquent employee can be represented in an enquiry by a co-employee but not either by retired employee or lawyer. 2022 LLR 120 SUPREME COURT OF INDIA
A workman cannot challenge retrenchment after accepting the compensation. 2022 LLR 140 DELHI HIGH COURT
Non-appearance due to medical reasons will be valid reason for setting aside ex-parte award. 2022 LLR 139 DELHI HIGH COURT
A trainee is not covered under definition of 'employee' under POSH Act. 2022 LLR 147 GAUHATI HIGH COURT
Retrenchment compensation is not required on termination of a fixed term employee. 2022 LLR 151 GUJARAT HIGH COURT
Production bonus, medical & washing allowances etc. are not wages for ESI contributions. 2022 LLR 154 MADRAS HIGH COURT
A Demonstration Representative working on commission will be a 'workman'. 2022 LLR 157 ORISSA HIGH COURT
EPF Act
Two units to be clubbed for coverage when there is interdependence. 2022 LLR 204 CHHATTISGARH HIGH COURT
Freezing of bank account of employer should not be in a knee-jerk manner. 2022 LLR 218 DELHI HIGH COURT
Recovery can be stayed when initiated before prescribed limitation period of appeal. 2022 LLR 222 JHARKHAND HIGH COURT
Purchaser of an establishment from liquidator can't be liable for arrears by the original owner. 2022 LLR 234 KARNATAKA HIGH COURT
Ex-parte order due to non-appearance of advocate is to be set aside on cost of Rs. 50,000. 2022 LLR 192 SUPREME COURT OF INDIA
Exemption can be granted to a Trust when more favourable benefits are given by it to employees. 2022 LLR 209 DELHI HIGH COURT
While levying damages the mitigating circumstances should also be considered. 2022 LLR 214 UTTARAKHAND HIGH COURT
Appeal tenable against a composite order levying damages and interest for delayed deposit. 2022 LLR 198 CALCUTTA HIGH COURT
Delay for filing appeal beyond 120 days cannot be condoned by Tribunal or higher court. 2022 LLR 225 RAJASTHAN HIGH COURT
Attachment of bank account during pendency of review is unjustified. 2022 LLR 201 CALCUTTA HIGH COURT
Coercive measures shall not be taken against the employer till grant of exemption. 2022 LLR 209 DELHI HIGH COURT
Restoration of appeal may be effected subject to heavy costs. 2022 LLR 212 HIMACHAL PRADESH HIGH COURT
EPF Authority is not bound to apply the uppermost or the lowermost table for levy of damages. 2022 LLR 214 UTTARAKHAND HIGH COURT
Criminal complaint untenable against employer during pendency of appeal. 2022 LLR 193 BOMBAY HIGH COURT
Writ petition is maintainable when no alternative remedy is available. 2022 LLR 201CALCUTTA HIGH COURT
Freezing of account of a defaulting employer by EPFO should not be intimidating to its clients. 2022 LLR 218 DELHI HIGH COURT
No criminal proceeding is tenable on depositing the determined amount. 2022 LLR 193 BOMBAY HIGH COURT
No appeal lies against order levying interest only for delayed deposit of EPF dues. 2022 LLR 198 CALCUTTA HIGH COURT
Courtesy : Labour Law Reporter.
