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Latest Labour Law Judgments January 2022

IMPORTANT JUDGEMENTS January 2022- Reported Judgments at Glance

Transfer of workmen in violation of service conditions will be illegal. 2022 LLR 1 SUPREME COURT OF INDIA

Reinstatement is not an automatic for every wrongful termination of a workman. 2022 LLR 12 DELHI HIGH COURT

Civil Court has no jurisdiction in matters under the Industrial Disputes Act. 2022 LLR 9 SUPREME COURT OF INDIA

Option for extension of service will not deprive the right of employees to receive gratuity. 2022 LLR 1 SUPREME COURT OF INDIA

Plea not taken at Insurance Court cannot be taken before the higher court. 2022 LLR 19 MADRAS HIGH COURT

Challenging termination at Delhi, not Mumbai, would be appropriate where workman was serving. 2022 LLR 21 DELHI HIGH COURT

Reinstatement when awarded will be only at a place where the workman was employed. 2022 LLR 24 MADRAS HIGH COURT

Habitual drinking on duty, and physical fights with colleagues are grave misconducts. 2022 LLR 12 DELHI HIGH COURT

Appointment of an advocate as enquiry officer in violation of standing orders will be illegal. 2022 LLR 56 JHARKHAND HIGH COURT

Dispute raised after 10 years of termination is not tenable. 2022 LLR 42 GUJARAT HIGH COURT

No relief against termination to an employee who did not work for 240 days in preceding one year. 2022 LLR 26 KARNATAKA HIGH COURT

Reinstatement with back wages appropriate relief on illegal termination of a workman. 2022 LLR 30 MADHYA PRADESH HIGH COURT

An enquiry when held in violation of natural justice is liable to be vitiated.2022 LLR 34 MADHYA PRADESH HIGH COURT

Writ petition against a private entity is not maintainable. 2022 LLR 40 PUNJAB AND HARYANA HIGH COURT

60% earning capacity suffered on shortening of leg in accident of an employee. 2022 LLR 61 KARNATAKA HIGH COURT

Judgment and decree passed by the Civil Court without jurisdiction, is a nullity. 2022 LLR 9 SUPREME COURT OF INDIA

Exclusion from coverage of ESI when number of employees was less than 10. 2022 LLR 19 MADRAS HIGH COURT

Absence of breakup of the cost of construction will be 25% towards labour cost for ESI contributions. 2022 LLR 15 MADRAS HIGH COURT

 Initiating recovery during pendency of appeal, but non-functioning of tribunal, will not be sustainable. 2022 LLR 82 ALLAHABAD HIGH COURT

Not issuing notice by EPF Authority prior to imposition of damages is not sustainable.2022 LLR 85 ALLAHABAD HIGH COURT

An order by provident fund authority on evaluation report is not legal. 2022 LLR 93 KERALA HIGH COURT

EPF Appellate Tribunal is vested with powers to regulate its own procedure. 2022 LLR 87 DELHI HIGH COURT

Same person cannot be a judge and a complainant both, in view of the principle of natural justice. 2022 LLR 113 DELHI HIGH COURT

Imposition of damages and interest for delayed remittance is justified. 2022 LLR 85 ALLAHABAD HIGH COURT

Instalments permitted for remission of determined dues since no prejudice will be caused. 2022 LLR 92 KERALA HIGH COURT

Attachment of the entire property for a much lesser amount is not proper. 2022 LLR 93 KERALA HIGH COURT

Direction issued for passing fresh order for levy of damages when employer was not heard. 2022 LLR 85 ALLAHABAD HIGH COURT

Virtual hearing is possible only where sufficient evidence is already on record. 2022 LLR 94 KERALA HIGH COURT

EPF authority has to recover dues from employer to be credit into the account of the employee. 2022 LLR 98 KERALA HIGH COURT

Under section 7A Regional/Asstt. EPF Commissioner is vested with powers of the Civil Court. 2022 LLR 99 Orissa HIGH COURT

Non-consideration of representation of a party by a Statutory Authority would amount to dereliction of duty. 2022 LLR 101MADRAS HIGH COURT

Till disposal of application for waiver of pre-deposit for appeal the Authority should not initiate recovery. 2022 LLR 82 ALLAHABAD HIGH COURT

Recall of an order on procedural grounds is distinct from review of earlier order. 2022 LLR 87 DELHI HIGH COURT

Non-speaking order by EPF Authority is liable to be set aside. 2022 LLR 93 KERALA HIGH COURT

On default of a single installment, EPF Authority shall be free to recover the full amount. 2022 LLR 92 KERALA HIGH COURT

On default of a single installment, EPF Authority shall be free to recover the full amount. 2022 LLR 105 MADRAS HIGH COURT

Any procedural recall order can be passed by the EPF Appellate Tribunal. 2022 LLR 87 DELHI HIGH COURT

Courtesty Labour Law Reporter

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