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Latest Labour Law Judgments March 21

Reported Labour Law Judgments at a Glance March 21

Embezzlers deserve dismissal from service.  2021 LLR 243 Delhi High Court

Reinstatement is not a rule of thumb for every termination. 2021 LLR 297 Madhya Pradesh High Court

Termination of service of an officer based on legal advice will be set aside. 2021 LLR 273 GUJARAT HIGH COURT

Leaving duty to comb hair and then abusing, assaulting senior officer will justify dismissal. 2021 LLR 319 BOMBAY HIGH COURT

Dismissal can't be interfered because an enquiry for long absence was not conducted. 2021 LLR 237 Supreme Court of India

Sending of nasty messages to a subordinate lady would amount to sexual harassment. 2021 LLR 249 RAJASTHAN HIGH COURT

Charge-sheet itself should have reference to moral turpitude of forfeiture of gratuity. 2021 LLR 312 Bombay HIGH COURT

Objection about charge-sheet being vague, if not taken in enquiry can't be taken later on.2021 LLR 295 KERALA HIGH COURT

 In digital world, workplace be treated as one irrespective of employees working in different states. 2021 LLR 249 RAJASTHAN HIGH COURT

 A person, who issues charge sheet, can also be presenting officer in the enquiry. 2021 LLR 301 MADRAS HIGH COURT

An employer insured under ESI can't claim compensation under Employees Compensation Act. 2021 LLR 306 MADRAS HIGH COURT

Termination sans enquiry would be violative of natural justice. 2021 LLR 273 GUJARAT HIGH COURT

 Reinstatement with back wages appropriate when termination is set aside. 2021 LLR 273 GUJARAT HIGH COURT

 EPF Authority must ensure that notice of hearing is received by addressee a week prior to hearing. 2021 LLR 327 KERALA HIGH COURT

Delay in remittance of EPF dues on sufficient cause, damages may be reduced or waived. 2021 LLR 350 KERALA HIGH COURT

Tribunal to ensure that it has jurisdiction to pass an order.2021 LLR 325 MADRAS HIGH COURT

It is prerogative of an employer as to where the employee should work. 2021 LLR 265 GAUHATI HIGH COURT

Show cause notice for forfeiture of gratuity 2021 LLR 312 Bombay HIGH COURT

On failure of workman to prove working for 240 days no relief can be awarded.2021 LLR 272 GUJARAT HIGH COURT

Daughter of chairman and also a member of managing committee of school cannot feign ignorance of her termination.2021 LLR 237 Supreme Court of India

Complaint of sexual harassment untenable when made by woman after her termination.2021 LLR 273 GUJARAT HIGH COURT

EPF Act.

Attachment of bank accounts during pendency of appeal is illegal. 2021 LLR 326 MADRAS HIGH COURT

On imposing damages, the Authority has to give proper opportunity to employer.2021 LLR 338 Bombay HIGH COURT

Remittance of EPF dues in instalments may be permitted subject to sufficient cause.2021 LLR 339 KERALA HIGH COURT

 An error of fact on record can be cured in writ petition. 2021 LLR 346 KERALA HIGH COURT

 Recovery proceedings during pendency of appeal to be stayed. 2021 LLR 326 MADRAS HIGH COURT

 No review by higher court on a plea decided by the lower court by passing a reasoned order. 2021 LLR 343 MADRAS HIGH COURT

Writ petition challenging order of EPF Authority is not maintainable. 2021 LLR 327 KERALA HIGH COURT

An order by EPF Authority beyond notice period is to be quashed. 2021 LLR 339 Karnataka High Court

An order by EPF Authority beyond notice period is to be quashed. 2021 LLR 348 KERALA HIGH COURT

Attachment order by EPF Authority within prescribed period of filing appeal is not proper. 2021 LLR 341 Karnataka High Court

An appeal preferred beyond prescribed limitation is barred. 2021 LLR 345 KERALA HIGH COURT

An order without applying its judicious mind to the facts would not be sustainable. 2021 LLR 350 KERALA HIGH COURT

A non-speaking order passed by Tribunal is not sustainable. 2021 LLR 325 MADRAS HIGH COURT

EPF Authority could recover the whole amount in case of default in instalments.2021 LLR 339 KERALA HIGH COURT

Prescribed limitation starts from the date of receipt of order or of its knowledge. 2021 LLR 327 KERALA HIGH COURT

High Court can stay recovery if Appellate Tribunal is not functional. 2021 LLR 341Karnataka High Court

An appeal cannot be considered when it is time barred. 2021 LLR 345 KERALA HIGH COURT

An order dismissing the appeal in default is liable to be quashed. 2021 LLR 346 KERALA HIGH COURT

Writ petition is tenable when there is error in decision making process. 2021 LLR 325 MADRAS HIGH COURT

 Imposing damages without establishing mens rea is not proper. 2021 LLR 350 KERALA HIGH COURT

Recovery of PF dues to have priority over recovery of excise revenue.2021 LLR 331 PUNJAB AND HARYANA HIGH COURT

All centres of a Municipality even running separately will be one for coverage under the Act. 2021 LLR 329 MADRAS HIGH COURT

EPFA Tribunal is empowered to condone delay up to 60 days on sufficient cause. 2021 LLR 345 KERALA HIGH COURT

Clubbing of all centres for applicability of the Act is proper since all wages are paid by Municipality. 2021 LLR 329 MADRAS HIGH COURT

During pendency of appeal before Tribunal, any attachment order passed by EPF Authority is liable to be quashed. 2021 LLR 341 Karnataka High Court

Employees in seasonal establishments are also covered by Act. 2021 LLR 329 MADRAS HIGH COURT

Courtesy Labour Law Reporter

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