IMPORTANT JUDGEMENTS July 2022- Reported Judgments at Glance
An employee holding a transferable post has no right to be posted at a particular place. 2022 LLR 716 CALCUTTA HIGH COURT
Reinstatement with back wages is the normal rule when the removal of workers is illegal. 2022 LLR 772 TELANGNA HIGH COURT
Occupier, not Managing Director, is liable for the offence under Factories Act. 2022 LLR 756 KERALA HIGH COURT
An employee accepting terms in the appointment letter can't demand better service conditions. 2022 LLR 748 KARNATAKA HIGH COURT
Termination for misconduct is not retrenchment. 2022 LLR 765 PUNJAB AND HARYANA HIGH COURT
Appeal against Compensation Commissioner can be admitted only on the question of law. 2022 LLR 709 SUPREME COURT OF INDIA
Unlike criminal cases, misconduct in enquiry need not be proved beyond a reasonable doubt. 2022 LLR 748 KARNATAKA HIGH COURT
Even a casual or daily wager will be entitled to gratuity if he has served for more than 5 years. 2022 LLR 745 KARNATAKA HIGH COURT
Sexual harassment cannot be established in the absence of sufficient proof. 2022 LLR 761 MADRAS HIGH COURT
No relief from the Court when facts are concealed. 2022 LLR 745 KARNATAKA HIGH COURT
Once a worker declares as unemployed, the employer has to prove his gainful employment. 2022 LLR 772 TELANGNA HIGH COURT
The wording of reference would not bind the Labour Court to confine adjudication. 2022 LLR 736 DELHI HIGH COURT
It is well settled in law that reason is the heartbeat of every conclusion. 2022 LLR 786 KARNATAKA HIGH COURT
Merely by gate passes and identity card, contractor's workers can't be employees of the principal employer. 2022 LLR 781 GAUHATI HIGH COURT
Labour Court can't decide beyond the pleadings of the parties. 2022 LLR 748 KARNATAKA HIGH COURT
Failure to comply with the transfer order is misconduct. 2022 LLR 716 CALCUTTA HIGH COURT
The employer must prove that the employee is not a 'workman'. 2022 LLR 711 ALLAHABAD HIGH COURT
Writ petition untenable without exhausting statutory forum provided under ESI. 2022 LLR 770 TELANGANA HIGH COURT
Dismissal for not reporting at the transferred place without an enquiry will be untenable.2022 LLR 716 CALCUTTA HIGH COURT
EPF
Pre-deposit is not necessary for filing an appeal challenging the levy of damages. 2022 LLR 792 ALLAHABAD HIGH COURT
When the demand of EPF Authority is statutory, there cannot be any estoppel against the statute. 2022 LLR 813 PUNJAB AND HARYANA HIGH COURT
Allowances would not attract EPF contributions if not applicable to all employees. 2022 LLR 806 KERALA HIGH COURT
An attendance bonus not static in nature would not attract provident fund contribution. 2022 LLR 810 MADRAS HIGH COURT
Initiating recovery proceedings within the prescribed period of appeal is not proper. 2022 LLR 818 JHARKHAND HIGH COURT
Basic wages would include allowances which are not variable due to any reasons. 2022 LLR 806 KERALA HIGH COURT
Petitioners cannot claim identification of beneficiaries after the order for determination is passed. 2022 LLR 797 DELHI HIGH COURT
The employer is liable for the contributions of outsourced workers. 2022 LLR 815 TELANGANA HIGH COURT
The challenge to show cause notice issued by EPF Authority in the filing writ petition is not maintainable. 2022 LLR 822 KERALA HIGH COURT
Attachment of bank accounts of defaulting employer during pendency of the appeal is not proper. 2022 LLR 819 MADRAS HIGH COURT
HRA is specifically excluded, hence no EPF dues is to be calculated upon the amount of HRA. 2022 LLR 804 KERALA HIGH COURT
Determination of dues becomes final if no appeal is filed within the prescribed limitation period. 2022 LLR 813 PUNJAB AND HARYANA HIGH COURT
Appeal, not writ, for challenging order under section 7A of the Act. 2022 LLR 815 TELANGANA HIGH COURT
Writ Petition against the order passed by EPF Authority is not maintainable if the alternate remedy is not exhausted. 2022 LLR 818 JHARKHAND HIGH COURT
Defaulter for remittance for PF dues only one who is having ultimate control of the establishment. 2022 LLR 822 KERALA HIGH COURT
Financial constraint is no bar to levying damages for belated remission of PF dues. 2022 LLR 815 TELANGANA HIGH COURT
Expression 'dues' as given in the Act, would not only include basic wages but allowances also. 2022 LLR 804 KERALA HIGH COURT
Appeal to be filed within 60 days and another 60 days can be extended on sufficient cause. 2022 LLR 793 CALCUTTA HIGH COURT
