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India

Latest Labour Law Judgments October 2022

IMPORTANT JUDGEMENTS October 2022- Reported Judgments at Glance

Reinstatement of negligent bus driver must be set aside when misconduct was proved. 2022 LLR 1063 SUPREME COURT OF INDIA

Sickness certificates not showing an in-door patient may not be treated as medical certificate. 2022 LLR 1101 ORISSA HIGH COURT

When enquiry is vitiated the employer's legal right is to prove the charges. 2022 LLR 1065 DELHI HIGH COURT

Appeal under ESI Act lies only on substantial question of law. 2022 LLR 1075 JHARKHAND HIGH COURT

Employer has right to challenge the final award on preliminary issue. 2022 LLR 1065 DELHI HIGH COURT

Gratuity payable when there is no break in ten years' service. 2022 LLR 1088 KERALA HIGH COURT

 Dismissal without fair and proper enquiry is not sustainable. 2022 LLR 1093 ORISSA HIGH COURT

Social Security Officer of ESI can demand from employer for any relevant information. 2022 LLR 1075 JHARKHAND HIGH COURT

Negligence may not be misconduct but negligent bank employee can have no immunity. 2022 LLR 1082 Gujarat High Court

Denial of hearing to aggrieved woman is a clear violation of POSH Act. 2022 LLR 1097 TRIPURA HIGH COURT

Holding meetings in the factory premises without any permission would justify dismissal. 2022 LLR 1095 PUNJAB AND HARYANA HIGH COURT

Termination of drunkard ward boy refusing to take orders and sitting without shirt is justified. 2022 LLR 1129 Allahabad High Court

Confirmation of probation of an employee who availed full maternity period is automatic. 2022 LLR 1118 Madras High Court

 Industrial Tribunal is to decide the validity of enquiry and not as to how it should be held. 2022 LLR 1127 Calcutta High Court

Artificial break of two days in contracts cannot be a device to deny the maternity benefits. 2022 LLR 1121 Kerala High Court

Compensation, not reinstatement is justified when the employer lost confidence in employee. 2022 LLR 1093 ORISSA HIGH COURT

Accident compensation payable when owner allowed a person without licence to drive vehicle. 2022 LLR 1090 KARNATAKA HIGH COURT

Discretion to award punishment lies with disciplinary authority. 2022 LLR 1095 PUNJAB AND HARYANA HIGH COURT

EPF

Non-remitting of EPF dues after deducting the employee's share is criminal breach of trust. 2022 LLR 1145 JHARKHAND HIGH COURT

Section 7-A does not provide any limitation for conducting enquiry. 2022 LLR 1137 Chhattisgarh High Court

Freezing of Bank Account of the employer without prior notice is not sustainable. 2022 LLR 1144 GAUHATI HIGH COURT

If the post of lying Tribunal is vacant, High Court can grant stay of recovery. 2022 LLR 1148 KARNATAKA HIGH COURT

Transferor and transferee both are jointly and severally liable to pay EPF arrears. 2022 LLR 1155 TELANGANA HIGH COURT

Employees' to be covered under the Act are to be identified by holding a full-fledged en-quiry. 2022 LLR 1162 CALCUTTA HIGH COURT

Ex-parte appeal can't be restored beyond one month. 2022 LLR 1176 MADRAS HIGH COURT

No appeal lies against levy of interest. 2022 LLR 1141 DELHI HIGH COURT

An order of trial court, if the same is not in accordance with law, is to be quashed. 2022 LLR 1145 JHARKHAND HIGH COURT

Petitioners not liable for EPF dues because they purchased only movable assets, in good faith. 2022 LLR 1155 TELANGANA HIGH COURT

EPF Authority restrained to take coercive step for recovery allowed by High Court. 2022 LLR 1147 JHARKHAND HIGH COURT

Defaulting establishment is bound to pay damages. 2022 LLR 1150 KARNATAKA HIGH COURT

Reasonable monthly installments be allowed for payment of interest. 2022 LLR 1152 MADRAS HIGH COURT

Review without providing adequate opportunity to employer is untenable. 2022 LLR 1153 ORISSA HIGH COURT

Transferee not liable to pay EPF who got possession of the property by operation of law. 2022 LLR 1155 TELANGANA HIGH COURT

For claiming provident fund dues, workman can't approach the High Court 2022 LLR 1136 BOMBAY HIGH COURT

Appeal is maintainable against the orders passed under section 7-A or 7-B or 7-C or 14-B of the Act. 2022 LLR 1141 DELHI HIGH COURT

A reasonable time for filing appeal after on drawing writ petition may be granted. 2022 LLR 1147 JHARKHAND HIGH COURT

Period spent in writ petition to be excluded from the period of limitation for filing appeal. 2022 LLR 1153ORISSA HIGH COURT

Courtesy- Labour Law Reporter

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