IMPORTANT JUDGEMENTS March 2022- Reported Judgments at Glance
Dismissal of a bank employee from service for fraud, forgery, and manipulations is justified. 2022 LLR 237 SUPREME COURT OF INDIA
Termination of Accounts Officer for absence even though he applied for leave is untenable. 2022 LLR 279 MADRAS HIGH COURT
Forfeiture of gratuity of a terminated employee is untenable in the absence of criminal proceedings. 2022 LLR 276 KARNATAKA HIGH COURT
Reinstatement with full back wages directed by High Court when no enquiry was held after show-cause notice. 2022 LLR 284 MADRAS HIGH COURT
Last drawn wages to a workman not tenable when during pendency of proceedings he sup-pressed his earning by running a newspaper. 2022 LLR 295 DELHI HIGH COURT
Merely that inquiry was not completed in 90 days under POSH Act does not stand to logic. 2022 LLR 290 TRIPURA HIGH COURT
Driver dying of strain for driving vehicle continuously for 18 days, his dependents entitled to accident compensation. 2022 LLR 254 BOMBAY HIGH COURT
General Foreman empowered to sanctioning of leave and assigning of duties to subordinates will not be a 'workman'. 2022 LLR 271 JHARKHAND HIGH COURT
An aggrieved woman under POSH Act can be of any age whether employed or not at the work-place. 2022 LLR 261CALCUTTA HIGH COURT
Enquiry would not be fair and proper if a charge sheet is issued after seven years. 2022 LLR 242 SUPREME COURT OF INDIA
Sexual harassment established when the perpetrator tried to put his arms to the back of a woman employee. 2022 LLR 290 TRIPURA HIGH COURT
Summary trial by Complaints Committee without adhering to mandatory requirements under POSH Act not tenable. 2022 LLR 261 CALCUTTA HIGH COURT
Principal employer engaging new contractor should ensure the employment of workers of ex-contractor. 2022 LLR 267 DELHI HIGH COURT
Existence of a causal relationship between employment and accident is a condition for claiming compensation. 2022 LLR 274 JHARKHAND HIGH COURT
Nature of duties and not designation determines whether an employee is a 'workman' or not.2022 LLR 279 MADRAS HIGH COURT
Penalty under BO&CW Act in an ex-parte order without affording opportunity to the petitioner not tenable. 2022 LLR 269 Jammu & Kashmir High Court
EPF
Chairman and Principal having control over affairs of school will be liable for prosecution for EPF default. 2022 LLR 322 JHARKHAND HIGH COURT
If main establishment is already covered, the other branches will also be covered. 2022 LLR 333 BOMBAY HIGH COURT
Initiating recovery against a school despite pendency of appeal before Tribunal is to be stayed. 2022 LLR 351 UTTARAKHAND HIGH COURT
Writ, instead of appeal, to avoid condition for pre deposit not tenable. 2022 LLR 327 CALCUTTA HIGH COURT
Establishment is liable to pay damages and interest for delayed remittance of EPF dues. 2022 LLR 333 BOMBAY HIGH COURT
Writ Petition can be entertained against order under section 7A if Tribunal is not functioning. 2022 LLR 345 BOMBAY HIGH COURT
Municipal Corporation not liable to pay arrears of EPF by security agency when not impleaded as a party under section 7A. 2022 LLR 337 BOMBAY HIGH COURT
Appeal against order passed under section 14-B does not require compliance of pre deposit. 2022 LLR 342 ALLAHABAD HIGH COURT
Stay vacated automatically if pre deposit amount as directed by Tribunal is not deposited. 2022 LLR 346 KERALA HIGH COURT
Contempt for non-compliance of order of Court is dropped if the accused has complied the Court order. 2022 LLR 352 KARNATAKA HIGH COURT
De-freezing bank account after depositing Rs.16 lakhs will justify allowing balance amount in six instalments. 2022 LLR 314 ANDHRA PRADESH HIGH COURT
50% of pre-deposit of 30% as ordered by Tribunal is allowed by High Court. 2022 LLR 315 DELHI HIGH COURT
High Court can allow payment in installments for delayed deposit of EPF dues because of Covid. 2022 LLR 318 KERALA HIGH COURT
An exempted establishment cannot decline to appear in response to 30 notices under section 7A. 2022 LLR 319 MADRAS HIGH COURT
Delayed deposit of EPF dues as admitted would attract damages and interest. 2022 LLR 314 ANDHRA PRADESH HIGH COURT
Despite assurance for payment, when not paid, initiation of recovery will be justified. 2022 LLR 322 JHARKHAND HIGH COURT
Writ Court can allow for filing of review even after expiry of limitation period. 2022 LLR 344 ALLAHABAD HIGH COURT
Courtesy: Labour Law Reporter.
