IMPORTANT JUDGEMENTS June 2022- Reported Judgments at Glance
Denial of maternity benefit can be only when dismissal was for serious misconduct. 2022 LLR 602 DELHI HIGH COURT
Dismissal not to be set aside by Court when FIR for theft was not filed with police. 2022 LLR 609 GUJARAT HIGH COURT
Service condition of workman can’t be changed during pendency of industrial dispute. 2022 LLR 620 MADHYA PRADESH HIGH COURT
Non-payment of retrenchment compensation at the time of termination would justify reinstatement. 2022 LLR 624 MADRAS HIGH COURT
Modification of punishment of dismissal for theft would not be proper. 2022 LLR 609 GUJARAT HIGH COURT
Relationship between employer and employee will not establish when no witness is produced. 2022 LLR 647 GUJARAT HIGH COURT
Before forfeiture of gratuity, show cause notice is imperative. 2022 LLR 641 CHHATTISGARH HIGH COURT
Tribunal can differ with the conclusion of disciplinary authority only for justifiable reasons. 2022 LLR 609 GUJARAT HIGH COURT
Conveyance is not part of wages for ESI contributions. 2022 LLR 591 SUPREME COURT OF INDIA
Mala fide transfer made after the employee intended to form union will be set aside. 2022 LLR 600 CALCUTTA HIGH COURT
Section 14B of the Act is predominantly a penal levy which has to be imposed by the adjudicating authority. 2022 LLR 688 KARNATAKA HIGH COURT
Writ petition not available when efficacious remedy for filing appeal is available. 2022 LLR 676 CALCUTTA HIGH COURT
Subsequent deposits of provident fund contribution would not mitigate offence of default. 2022 LLR 672 CALCUTTA HIGH COURT
Dismissal for forging education certificate when admitted, acquittal in criminal case will be irrelevant. 2022 LLR 591 SUPREME COURT OF INDIA
Termination of a pregnant woman is not tenable when the motive was to deny maternity benefits. 2022 LLR 602 DELHI HIGH COURT
Quantum of amount immaterial for termination for theft. 2022 LLR 609 GUJARAT HIGH COURT
Working in supervisory category is proved when two employees were working under him.2022 LLR 630 ORISSA HIGH COURT
Gratuity for riotous and disorderly conduct can be fortified only when the employee is convicted.2022 LLR 641 CHHATTISGARH HIGH COURT
High Court should not interfere in awarding punishment being prerogative of employer.2022 LLR 591 SUPREME COURT OF INDIA
An enquiry violatIve of natural justice is to be vitiated.2022 LLR 620 MADHYA PRADESH HIGH COURT
Gratuity is payable only when an employee has served for 5 years. 2022 LLR 597 CALCUTTA HIGH COURT
EPF
EPF contribution cannot be misappropriated after deduction of employees' share. 2022 LLR 672 CALCUTTA HIGH COURT
Proceedings under section 7A to be set aside when opportunity to produce evidence was not given to employer. 2022 LLR 676 CALCUTTA HIGH COURT
Damages can be imposed, not in all cases but in an appropriate cases. 2022 LLR 681 CALCUTTA HIGH COURT
EPF Authority will not take coercive steps against the petitioner till the appeal is heard by a regular Tribunal. 2022 LLR 687 GUJARAT HIGH COURT
EPF Authority must consider aggravating and mitigating facts and circumstances while assessing damages. 2022 LLR 681 CALCUTTA HIGH COURT
Drawing salary more than the prescribed limit falls under the category of ''excluded employee''. 2022 LLR 676 CALCUTTA HIGH COURT
Factors for levy of damages pertain to a number of defaults and periods of delay etc. 2022 LLR 688 KARNATAKA HIGH COURT
Interim relief restraining the EPF Authority from taking coercive steps will operate till the Tribunal hears the petitioner. 2022 LLR 687 GUJARAT HIGH COURT
EPF dues in installments may be allowed considering the financial difficulties of the employer. 2022 LLR 691 KERALA HIGH COURT
EPF Authorities are supposed not to issue notices in a mechanical manner to the employers. 2022 LLR 692 KERALA HIGH COURT
During pendency of review application, issuance of recovery notice is not sustainable. 2022 LLR 693 MADRAS HIGH COURT
Waiver cannot be granted against interest imposed under section 7-Q of the Act. 2022 LLR 698 MADRAS HIGH COURT
Appeal filed beyond the maximum limitation period of 120 days, is not admissible. 2022 LLR 699 MADRAS HIGH COURT
EPF Authority under section 7-A has powers of a Civil Court for determination of money due from an employer. 2022 LLR 676 CALCUTTA HIGH COURT
Prosecution of factory’s Director and Manager untenable when company is not impleaded as accused. 2022 LLR 616 JHARKHAND HIGH COURT
Courtesy: Labour Law Reporter.
