Reported Labour Law Judgments September 2021
Termination of services when illegal, workmen are entitled to reinstatement with back wages. 2021 LLR 844 DELHI HIGH COURT
Mere acquittal in criminal case would not absolve the negligence committed by a driver. 2021 LLR 852 MADRAS HIGH COURT
Appeal untenable on failure to deposit entire awarded amount of gratuity. 2021 LLR 847 CHHATTISGARH HIGH COURT
Order of penalty untenable when without reasonable opportunity to employer. 2021 LLR 857 HIMACHAL PRADESH HIGH COURT
Principal employer has to ensure that contract workers are paid wages by the contractor. 2021 LLR 810 CALCUTTA HIGH COURT
Loss of right hand of the Bus Conductor in an accident rightly assessed at 100% loss of earning capacity. 2021 LLR 804 ALLAHABAD HIGH COURT
Services of an employee appointed on contractual basis for a fixed term come to an end on expiry of fixed-term.2021 LLR 813 HIMACHAL PRADESH HIGH COURT
An order passed in violation of principles of natural justice can be challenged in writ petition. 2021 LLR 842 BOMBAY HIGH COURT
Termination of services of workmen engaged through contractors with long service without process of law is illegal.2021 LLR 844 DELHI HIGH COURT
Forgery of signatures, not pleaded before competent authority, cannot be considered in writ petition. 2021 LLR 813 HIMACHAL PRADESH HIGH COURT
Enquiry into professional misconduct of concerned medical practitioners to be justified. 2021 LLR 850 KARNATAKA HIGH COURT
Appropriate government role is merely to refer the dispute for adjudication. 2021 LLR 805 DELHI HIGH COURT
Assessment of loss of earning capacity of the injured employee by the Medical Officer will be proper. 2021 LLR 804 ALLAHABAD HIGH COURT
EPF Act
Provisions of social security legislation should not be construed in a technical sense. 2021 LLR 820 KERALA HIGH COURT
Part-time sweepers are to be covered by Act. 2021 LLR 864 ALLAHABAD HIGH COURT
Levy of damages without identification of beneficiaries not sustainable.2021 LLR 868 DELHI HIGH COURT
An order under sec.7A based on Inspection report by Enforcement Officer is not sustainable.2021 LLR 890 MADRAS HIGH COURT
An order passed under sec.7A of the Act without identification of beneficiaries, is not sustainable. 2021 LLR 869 DELHI HIGH COURT
An order passed under sec.7A of the Act without identification of beneficiaries, is not sustainable. 2021 LLR 890 MADRAS HIGH COURT
Payment of provident funds is distinct from taxes. 2021 LLR 869 DELHI HIGH COURT
In absence of mens rea by employer, damages can't be waived or reduced. 2021 LLR 875 DELHI HIGH COURT
EPF&MP Act is a complete code by itself hence Limitation Act not applicable.2021 LLR 878 JHARKHAND HIGH COURT
Waiver from pre-deposit condition is not restricted to financial hardship only. 2021 LLR 869 DELHI HIGH COURT
Principal employer is liable for remittance of PF dues of contractor's employees. 2021 LLR 895 MADRAS HIGH COURT
Levy of damages without establishing mens rea of the employer is not justified. 2021 LLR 902 MADRAS HIGH COURT
Granting remittance of EPF dues in installments in view of pandemic situation, is justified. 2021 LLR 910 MADRAS HIGH COURT
High Court can extend the prescribed limitation for filing appeal. 2021 LLR 911 MADRAS HIGH COURT
Levy of interest for delayed deposit of EPF dues is not appealable. 2021 LLR 909 KERALA HIGH COURT
Finding of mens rea is an essential condition before passing of an order of damages.2021 LLR 875 DELHI HIGH COURT
An order passed by EPF Authority without proper opportunity to the employer, is not sustainable. 2021 LLR 869 DELHI HIGH COURT
Initiating recovery proceedings, against employer, within prescribed limit for filing appeal not proper. 2021 LLR 914 TELANGANA HIGH COURT
An ex-parte order is liable to be set aside to achieve ends of justice.2021 LLR 912 TELANGANA HIGH COURT
Non-consideration of representation of an employee regarding non-releasing of pension, is not proper. 2021 LLR 913 TELANGANA HIGH COURT
No appeal by the employer shall be entertained till compliance of pre-deposit condition.2021 LLR 889 KERALA HIGH COURT
Ministry of Labour is an ''industry'' or not, to be determined the Industrial Adjudicator. 2021 LLR 805 DELHI HIGH COURT
Conveyance/Travelling allowance is not ''wages'' for ESI contributions. 2021 LLR 799 SUPREME COURT OF INDIA
A copy of complaint must be provided to the person against whom allegations of sexual harassment are raised.2021 LLR 829 KERALA HIGH COURT
Courtesy: Labour Law Reporter.
