Reported Labour Law Judgments November 2021
IMPORTANT JUDGEMENTS
Reinstatement with back wages on every illegal termination is not automatic. 2021 LLR 1035 SUPREME COURT OF INDIA
Reinstatement of an employee on the loss of employer’s confidence is not justified. 2021 LLR 1040 SUPREME COURT OF INDIA
Abandonment to be presumed when workman did not resume duty despite intimation. 2021 LLR 1050 DELHI HIGH COURT
Recommendation of Internal Complaint Committee without any reasoning is unsustainable. 2021 LLR 1059 HIMACHAL PRADESH HIGH COURT
Reporting on duty and entering room of Principal in drunken condition is a grave misconduct. 2021 LLR 1061 HIMACHAL PRADESH HIGH COURT
Burden to prove of unemployment during interregnum is on the workman 2021 LLR 1040 SUPREME COURT OF INDIA
Non Registration of principal employer or license by contractor, the workers will be treated as employees of principal employer. 2021 LLR 1035 SUPREME COURT OF INDIA
Dismissal is to be set aside when misconduct not proved. 2021 LLR 1038 SUPREME COURT OF INDIA
No back wages when unemployment not proved by workman during pendency of dispute. 2021 LLR 1040 SUPREME COURT OF INDIA
Abandonment of workman not to be inferred in the absence of termination. 2021 LLR 1050 DELHI HIGH COURT
Manufacturing activity with 10 or more workers with power is essential to be a factory. 2021 LLR 1046 SUPREME COURT OF INDIA
Reinstatement not justified merely on violation of section 25F of the ID Act. 2021 LLR 1035 SUPREME COURT OF INDIA
Reinstatement not justified merely on violation of section 25F of the ID Act. 2021 LLR 1038 SUPREME COURT OF INDIA
Service conditions can’t be altered during pendency of industrial dispute. 2021 LLR 1055 DELHI HIGH COURT
Standard of discipline is of high degree in educational institutes. 2021 LLR 1061 HIMACHAL PRADESH HIGH COURT
A work of pumping of water will be treated as manufacturing process in a factory. 2021 LLR 1046 SUPREME COURT OF INDIA
Communication sent at recorded address will be deemed to have been received. 2021 LLR 1050 DELHI HIGH COURT
Dismissal of workmen without approval under S.33-2(b) of ID Act is unjustified. 2021 LLR 1040 SUPREME COURT OF INDIA
Adjudicator, not government, can determine that dispute is belated. 2021 LLR 1066 HIMACHAL PRADESH HIGH COURT
EPF- Judgments
For holding enquiry under section 7A of the Act, complaint is not necessary. 2021 LLR 1100 Madhya Pradesh High Court
Habitual defaulter of EPF dues does not deserve any relief. 2021 LLR 1132 CALCUTTA HIGH COURT
Order of attachment illegal within the limitation period for filing appeal u/s 7A of the Act. 2021 LLR 1127 KARNATAKA HIGH COURT
Installments can be allowed by Tribunal considering financial difficulties of the employer. 2021 LLR 1104 MADRAS HIGH COURT
No interest will be credited if an account of member has become inoperative. 2021 LLR 1112
DELHI HIGH COURT
No appeal can be filed against an order of EPF authority under section 7Q pertaining to interest
2021 LLR 1105 DELHI HIGH COURT
Time for pre deposit not stated does not mean that it cannot be deposited any time. 2021 LLR 1135 MADRAS HIGH COURT
During enquiry under section 7A, any person other than employer or employee can be asked to cooperate. 2021 LLR 1100 Madhya Pradesh High Court
On default of instalment, whole amount can be recovered from employer. 2021 LLR 1104 MADRAS HIGH COURT
Use of printed format to issue orders is not legal. 2021 LLR 1129 KERALA HIGH COURT
Two separate orders passed on the same day u/s 7Q and 14B to be treated as Composite order. 2021 LLR 1105 DELHI HIGH COURT
A determining authority must consider and decide the objections by the employer. 2021 LLR 1100 Madhya Pradesh High Court
EPF&MP Act does not mandate the authorities to impose penalty in every case. 2021 LLR 1102 PUNJAB AND HARYANA HIGH COURT
No interest will be payable on dormant accounts if notification not challenged. 2021 LLR 1112 DELHI HIGH COURT
Another 60 days extended for filing appeal when the order of attachment has been made during prescribed limitation. 2021 LLR 1127 KARNATAKA HIGH COURT
Authority is expected to pass Composite order rather than independent order. 2021 LLR 1105 DELHI HIGH COURT
An order for levy of damages during pendency of appeal is illegal. 2021 LLR 1127 KARNATAKA HIGH COURT
Coercive action for recovery can be converted into installment on the request of employer. 2021 LLR 1136 MADRAS HIGH COURT
Direct application for withdrawal to EPF authority be tenable if unable to get endorsed by employer. 2021 LLR 1127 KARNATAKA HIGH COURT
Courtesy: Labour Law Reporter
