IMPORTANT JUDGEMENTS September 2022- Reported Judgments at Glance
· Termination during probation is not illegal. 2022 LLR 986 DELHI HIGH COURT
· A pregnant woman can't be denied maternity benefits even when no notice is given to the employer. 2022 LLR 994 DELHI HIGH COURT
· Service conditions during pendency of industrial dispute cannot be changed. 2022 LLR 984 DELHI HIGH COURT
· Punishment is imposed for misappropriated amounts than for the loss of confidence. 2022 LLR 1006 GUJARAT HIGH COURT
· Back wages on reinstatement depend on the length of service and nature of the misconduct. 2022 LLR 961 Patna High Court
· Transfer of workman without sufficient reason is not proper. 2022 LLR 945 SUPREME COURT OF INDIA
· Dismissal be set aside if enquiry report and show cause notice not given to the workman. 2022 LLR 961 Patna High Court
· In absence of prejudice on non-supply of enquiry report, punishment is not interfered. 2022 LLR 961 Patna High Court
· 'Conveyance allowance' is not part of 'wages'. 2022 LLR 952 SUPREME COURT OF INDIA
· Reinstated workman is entitled to last drawn wages. 2022 LLR 979 CALCUTTA HIGH COURT
· When an enquiry is fair and proper, interference with punishment not justifiable. 2022 LLR 1006 GUJARAT HIGH COURT
· The wrongdoer does not deserve sympathy. 2022 LLR 1006 GUJARAT HIGH COURT
· An employee on reinstatement will be entitled to all benefits for the intervening period. 2022 LLR 948 SUPREME COURT OF INDIA
· Section 9-A (change in service conditions) of the ID Act, if not as per Form 'E', will not be proper. 2022 LLR 981 DELHI HIGH COURT
· Cess on Air Condition installation at the airport is not tenable. 2022 LLR 972 ANDHRA PRADESH HIGH COURT
· Back wages can be denied if gainful employment of workman is proved 2022 LLR 961 Patna High Court
· Questioning of territorial jurisdiction first time before the High Court is not maintainable. 2022 LLR 945 SUPREME COURT OF INDIA
· Back wages to a reinstated workman can be adjusted during proceedings in a higher Court. 2022 LLR 948 SUPREME COURT OF INDIA
· Relationship of employer-employee can be determined by making the contractor a party. 2022 LLR 990 DELHI HIGH COURT
· Deputy Engineer and Executive Engineer cannot be workmen 2022 LLR 1002 GUJARAT HIGH COURT
· Res judicata is different from estoppel. 2022 LLR 948 SUPREME COURT OF INDIA
· Subsequent purchaser is liable to pay damages imposed on the previous owner. 2022 LLR 1047 KERALA HIGH COURT
· Damages for delayed deposit of EPF dues should be reduced in rare circumstances. 2022 LLR 1048 MADRAS HIGH COURT
· An ex-parte order violative of natural justice is to be set aside. 2022 LLR 1043 KERALA HIGH COURT
· No labour legislation can be considered without applying the principles of social justice. 2022 LLR 1020 CALCUTTA HIGH COURT
· EPF Authority is entitled to challenge the order of the Tribunal. 2022 LLR 1020 CALCUTTA HIGH COURT
· Tribunal cannot adopt a mechanical approach for reducing the damages. 2022 LLR 1048 MADRAS HIGH COURT
· A writ in High Court pertaining to factual aspects is not tenable. 2022 LLR 1018 BOMBAY HIGH COURT
· Seeking adjournment due to COVID-19 is justified 2022 LLR 1043 KERALA HIGH COURT
· Employer may be allowed to pay damages in monthly installments. 2022 LLR 1048 MADRAS HIGH COURT
· EPF Authority will have to consider the submission(s) with supportive materials. 2022 LLR 1053 MADRAS HIGH COURT
· Appeal, not writ petition, is appropriate for challenging an order of EPF Authority. 2022 LLR 1054 MADRAS HIGH COURT
· Tribunals are bound to consider on a case-to-case basis for genuine difficulties 2022 LLR 1061 MADRAS HIGH COURT
· Delayed deposit of provident fund dues would not justify the reduction of damages. 2022 LLR 1058 CALCUTTA HIGH COURT
· If the wife of an employee predeceases him, he can make another nominee of his family. 2022 LLR 1052 MADRAS HIGH COURT
· Central Board of Trustees can delegate its functions. 2022 LLR 1020 CALCUTTA HIGH COURT
· House Rent Allowance (HRA) is excluded from basic wages. 2022 LLR 1046 KERALA HIGH COURT
· Non-sending of link in Virtual Court hearing is violative natural justice. 2022 LLR 1043 KERALA HIGH COURT
· Father and mother in possession of any property of minor can hold it as trustees. 2022 LLR 1042 KERALA HIGH COURT
· Pensioner receiving Rs.5000/- p.m. would entitle his nominee Rs. Five lakhs after death.2022 LLR 1052 MADRAS HIGH COURT
Courtesy- Labour Law Reporter
