Made For HR – Made By HR

Reported Labour Law Judgments at a

Our Sincere Thanks to Labour Law Reporter

Complied by:

Dr. A.Rajan Babu

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IMPORTANT JUDGEMENTS January 2022- Reported Judgments at Glance

 Transfer of workmen in violation of service conditions will be illegal. 2022 LLR 1 SUPREME COURT
OF INDIA
 Reinstatement is not an automatic for every wrongful termination of a workman. 2022 LLR 12 DELHI
HIGH COURT
 Civil Court has no jurisdiction in matters under the Industrial Disputes Act. 2022 LLR 9 SUPREME
COURT OF INDIA
 Option for extension of service will not deprive the right of employees to receive gratuity. 2022 LLR
1 SUPREME COURT OF INDIA
 Plea not taken at Insurance Court cannot be taken before the higher court. 2022 LLR 19 MADRAS
HIGH COURT
 Challenging termination at Delhi, not Mumbai, would be appropriate where workman was serving.
2022 LLR 21 DELHI HIGH COURT
 Reinstatement when awarded will be only at a place where the workman was employed. 2022 LLR
24 MADRAS HIGH COURT
 Habitual drinking on duty, and physical fights with colleagues are grave misconducts. 2022 LLR 12
DELHI HIGH COURT
 Appointment of an advocate as enquiry officer in violation of standing orders will be illegal. 2022
LLR 56 JHARKHAND HIGH COURT
 Dispute raised after 10 years of termination is not tenable. 2022 LLR 42 GUJARAT HIGH COURT
 No relief against termination to an employee who did not work for 240 days in preceding one year.
2022 LLR 26 KARNATAKA HIGH COURT
 Reinstatement with back wages appropriate relief on illegal termination of a workman. 2022 LLR 30
MADHYA PRADESH HIGH COURT
 An enquiry when held in violation of natural justice is liable to be vitiated.2022 LLR 34 MADHYA
PRADESH HIGH COURT
 Writ petition against a private entity is not maintainable. 2022 LLR 40 PUNJAB AND HARYANA HIGH
COURT
 60% earning capacity suffered on shortening of leg in accident of an employee. 2022 LLR 61
KARNATAKA HIGH COURT
 Judgment and decree passed by the Civil Court without jurisdiction, is a nullity. 2022 LLR 9 SUPREME
COURT OF INDIA
 Exclusion from coverage of ESI when number of employees was less than 10. 2022 LLR 19 MADRAS
HIGH COURT
 Absence of breakup of the cost of construction will be 25% towards labour cost for ESI contributions.
2022 LLR 15 MADRAS HIGH COURT
EPF

 Initiating recovery during pendency of appeal, but non-functioning of tribunal, will not be
sustainable. 2022 LLR 82 ALLAHABAD HIGH COURT

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 Not issuing notice by EPF Authority prior to imposition of damages is not sustainable.2022 LLR 85
ALLAHABAD HIGH COURT
 An order by provident fund authority on evaluation report is not legal. 2022 LLR 93 KERALA HIGH
COURT
 EPF Appellate Tribunal is vested with powers to regulate its own procedure. 2022 LLR 87 DELHI HIGH
COURT
 Same person cannot be a judge and a complainant both, in view of the principle of natural justice.
2022 LLR 113 DELHI HIGH COURT
 Imposition of damages and interest for delayed remittance is justified. 2022 LLR 85 ALLAHABAD HIGH
COURT
 Instalments permitted for remission of determined dues since no prejudice will be caused. 2022 LLR
92 KERALA HIGH COURT
 Attachment of the entire property for a much lesser amount is not proper. 2022 LLR 93 KERALA HIGH
COURT
 Direction issued for passing fresh order for levy of damages when employer was not heard. 2022 LLR
85 ALLAHABAD HIGH COURT
 Virtual hearing is possible only where sufficient evidence is already on record. 2022 LLR 94 KERALA
HIGH COURT
 EPF authority has to recover dues from employer to be credit into the account of the employee.
2022 LLR 98 KERALA HIGH COURT
 Under section 7A Regional/Asstt. EPF Commissioner is vested with powers of the Civil Court. 2022
LLR 99 Orissa HIGH COURT
 Non-consideration of representation of a party by a Statutory Authority would amount to dereliction
of duty. 2022 LLR 101MADRAS HIGH COURT
 Till disposal of application for waiver of pre-deposit for appeal the Authority should not initiate
recovery. 2022 LLR 82 ALLAHABAD HIGH COURT
 Recall of an order on procedural grounds is distinct from review of earlier order. 2022 LLR 87 DELHI
HIGH COURT
 Non-speaking order by EPF Authority is liable to be set aside. 2022 LLR 93 KERALA HIGH COURT
 On default of a single installment, EPF Authority shall be free to recover the full amount. 2022 LLR 92
KERALA HIGH COURT
 On default of a single installment, EPF Authority shall be free to recover the full amount. 2022 LLR
105 MADRAS HIGH COURT
 Any procedural recall order can be passed by the EPF Appellate Tribunal. 2022 LLR 87 DELHI HIGH
COURT
IMPORTANT JUDGEMENTS February 2022- Reported Judgments at Glance

 An employee can't be represented in the enquiry by an outsider or a legal practitioner. 2022 LLR 120
SUPREME COURT OF INDIA
 Dismissal of a rash and negligent driver is just and proper. 2022 LLR 126 SUPREME COURT OF
INDIA
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 Transfer of an employee cannot be thwarted due to personal difficulties or language problems. 2022
LLR 164 KARNATAKA HIGH COURT
 Departmental enquiry can be held simultaneously with criminal trial. 2022 LLR 171 JHARKHAND
HIGH COURT
 Insurer can't deny compensation on accidental death of insured helper or cleaner. 2022 LLR 131
SUPREME COURT OF INDIA
 Termination of a probationer unsatisfactory performance would not be stigmatic. 2022 LLR 183
BOMBAY HIGH COURT
 Interference in punishment not justified when enquiry is held as fair and proper. 2022 LLR 126
SUPREME COURT OF INDIA
 Contractor's employee cannot claim relief from the principal employer on his termination. 2022 LLR
162 PUNJAB AND HARYANA HIGH COURT
 An ex-parte award will be set aside when there is bona fide mistake in noting down the next date of
hearing. 2022 LLR 139 DELHI HIGH COURT
 An appeal against the award of Accident Compensation Commissioner will lie only on substantial
question of law. 2022 LLR 119 SUPREME COURT OF INDIA
 Delinquent employee can be represented in an enquiry by a co-employee but not either by retired
employee or lawyer. 2022 LLR 120 SUPREME COURT OF INDIA
 A workman cannot challenge retrenchment after accepting the compensation. 2022 LLR 140 DELHI
HIGH COURT
 Non-appearance due to medical reasons will be valid reason for setting aside ex-parte award. 2022
LLR 139 DELHI HIGH COURT
 A trainee is not covered under definition of 'employee' under POSH Act. 2022 LLR 147 GAUHATI
HIGH COURT
 Retrenchment compensation is not required on termination of a fixed term employee. 2022 LLR
151 GUJARAT HIGH COURT
 Production bonus, medical & washing allowances etc. are not wages for ESI contributions. 2022
LLR 154 MADRAS HIGH COURT
 A Demonstration Representative working on commission will be a 'workman'. 2022 LLR 157 ORISSA
HIGH COURT
EPF

 Two units to be clubbed for coverage when there is interdependence. 2022 LLR 204 CHHATTISGARH
HIGH COURT
 Freezing of bank account of employer should not be in a knee-jerk manner. 2022 LLR 218 DELHI HIGH
COURT
 Recovery can be stayed when initiated before prescribed limitation period of appeal. 2022 LLR 222
JHARKHAND HIGH COURT
 Purchaser of an establishment from liquidator can't be liable for arrears by the original owner. 2022
LLR 234 KARNATAKA HIGH COURT

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 Ex-parte order due to non-appearance of advocate is to be set aside on cost of Rs. 50,000. 2022 LLR
192 SUPREME COURT OF INDIA
 Exemption can be granted to a Trust when more favourable benefits are given by it to employees.
2022 LLR 209 DELHI HIGH COURT
 While levying damages the mitigating circumstances should also be considered. 2022 LLR 214
UTTARAKHAND HIGH COURT
 Appeal tenable against a composite order levying damages and interest for delayed deposit. 2022
LLR 198 CALCUTTA HIGH COURT
 Delay for filing appeal beyond 120 days cannot be condoned by Tribunal or higher court. 2022 LLR
225 RAJASTHAN HIGH COURT
 Attachment of bank account during pendency of review is unjustified. 2022 LLR 201 CALCUTTA HIGH
COURT
 Coercive measures shall not be taken against the employer till grant of exemption. 2022 LLR 209
DELHI HIGH COURT
 Restoration of appeal may be effected subject to heavy costs. 2022 LLR 212 HIMACHAL PRADESH
HIGH COURT
 EPF Authority is not bound to apply the uppermost or the lowermost table for levy of damages. 2022
LLR 214 UTTARAKHAND HIGH COURT
 Criminal complaint untenable against employer during pendency of appeal. 2022 LLR 193 BOMBAY
HIGH COURT
 Writ petition is maintainable when no alternative remedy is available. 2022 LLR 201CALCUTTA HIGH
COURT
 Freezing of account of a defaulting employer by EPFO should not be intimidating to its clients. 2022
LLR 218 DELHI HIGH COURT
 No criminal proceeding is tenable on depositing the determined amount. 2022 LLR 193 BOMBAY
HIGH COURT
 No appeal lies against order levying interest only for delayed deposit of EPF dues. 2022 LLR 198
CALCUTTA HIGH COURT
IMPORTANT JUDGEMENTS March 2022- Reported Judgments at Glance

 Dismissal of a bank employee from service for fraud, forgery, and manipulations is justified. 2022 LLR
237 SUPREME COURT OF INDIA
 Termination of Accounts Officer for absence even though he applied for leave is untenable. 2022 LLR
279 MADRAS HIGH COURT
 Forfeiture of gratuity of a terminated employee is untenable in the absence of criminal
proceedings. 2022 LLR 276 KARNATAKA HIGH COURT
 Reinstatement with full back wages directed by High Court when no enquiry was held after show-
cause notice. 2022 LLR 284 MADRAS HIGH COURT
 Last drawn wages to a workman not tenable when during pendency of proceedings he sup-pressed
his earning by running a newspaper. 2022 LLR 295 DELHI HIGH COURT

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 Merely that inquiry was not completed in 90 days under POSH Act does not stand to logic. 2022 LLR
290 TRIPURA HIGH COURT
 Driver dying of strain for driving vehicle continuously for 18 days, his dependents entitled to accident
compensation. 2022 LLR 254 BOMBAY HIGH COURT
 General Foreman empowered to sanctioning of leave and assigning of duties to subordinates will
not be a 'workman'. 2022 LLR 271 JHARKHAND HIGH COURT
 An aggrieved woman under POSH Act can be of any age whether employed or not at the work-place.
2022 LLR 261CALCUTTA HIGH COURT
 Enquiry would not be fair and proper if a charge sheet is issued after seven years. 2022 LLR 242
SUPREME COURT OF INDIA
 Sexual harassment established when the perpetrator tried to put his arms to the back of a woman
employee. 2022 LLR 290 TRIPURA HIGH COURT
 Summary trial by Complaints Committee without adhering to mandatory requirements under POSH
Act not tenable. 2022 LLR 261 CALCUTTA HIGH COURT
 Principal employer engaging new contractor should ensure the employment of workers of ex-
contractor. 2022 LLR 267 DELHI HIGH COURT
 Existence of a causal relationship between employment and accident is a condition for claiming
compensation. 2022 LLR 274 JHARKHAND HIGH COURT
 Nature of duties and not designation determines whether an employee is a 'workman' or not.2022
LLR 279 MADRAS HIGH COURT
 Penalty under BO&CW Act in an ex-parte order without affording opportunity to the petitioner not
tenable. 2022 LLR 269 Jammu & Kashmir High Court
EPF

 Chairman and Principal having control over affairs of school will be liable for prosecution for EPF
default. 2022 LLR 322 JHARKHAND HIGH COURT
 If main establishment is already covered, the other branches will also be covered. 2022 LLR 333
BOMBAY HIGH COURT
 Initiating recovery against a school despite pendency of appeal before Tribunal is to be stayed. 2022
LLR 351 UTTARAKHAND HIGH COURT
 Writ, instead of appeal, to avoid condition for pre deposit not tenable. 2022 LLR 327 CALCUTTA HIGH
COURT
 Establishment is liable to pay damages and interest for delayed remittance of EPF dues. 2022 LLR 333
BOMBAY HIGH COURT
 Writ Petition can be entertained against order under section 7A if Tribunal is not functioning. 2022
LLR 345 BOMBAY HIGH COURT
 Municipal Corporation not liable to pay arrears of EPF by security agency when not impleaded as a
party under section 7A. 2022 LLR 337 BOMBAY HIGH COURT
 Appeal against order passed under section 14-B does not require compliance of pre deposit. 2022
LLR 342 ALLAHABAD HIGH COURT

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 Stay vacated automatically if pre deposit amount as directed by Tribunal is not deposited. 2022 LLR
346 KERALA HIGH COURT
 Contempt for non-compliance of order of Court is dropped if the accused has complied the Court
order. 2022 LLR 352 KARNATAKA HIGH COURT
 De-freezing bank account after depositing Rs.16 lakhs will justify allowing balance amount in six
instalments. 2022 LLR 314 ANDHRA PRADESH HIGH COURT
 50% of pre-deposit of 30% as ordered by Tribunal is allowed by High Court. 2022 LLR 315 DELHI HIGH
COURT
 High Court can allow payment in installments for delayed deposit of EPF dues because of Covid. 2022
LLR 318 KERALA HIGH COURT
 An exempted establishment cannot decline to appear in response to 30 notices under section 7A.
2022 LLR 319 MADRAS HIGH COURT
 Delayed deposit of EPF dues as admitted would attract damages and interest. 2022 LLR 314 ANDHRA
PRADESH HIGH COURT
 Despite assurance for payment, when not paid, initiation of recovery will be justified. 2022 LLR 322
JHARKHAND HIGH COURT
 Writ Court can allow for filing of review even after expiry of limitation period. 2022 LLR 344
ALLAHABAD HIGH COURT
IMPORTANT JUDGEMENTS April 2022- Reported Judgments at Glance

 Dismissal for insubordination and repeated negligence in duties would be justified. 2022 LLR 374
KARNATAKA HIGH COURT
 Prosecution of Director by Factory Inspector without rejecting his reply to notice would not be
tenable. 2022 LLR 378 KARNATAKA HIGH COURT
 Reinstatement of workers transferred at far off places without knowledge of language in region
would be justified. 2022 LLR 383 MADRAS HIGH COURT
 Denial of back wages on reinstatement supported with justified reasons would not be interfered with.
2022 LLR 392 TELANGANA HIGH COURT
 Dismissal of workman for absence not justified when leave application submitted with medical
certificate. 2022 LLR 404 KARNATAKA HIGH COURT
 Interference in punishment would not be proper when dismissal has been after fair and proper
enquiry. 2022 LLR 355 SUPREME COURT OF INDIA
 Non-compliance with 'first come last go' would render the retrenchment illegal. 2022 LLR 390
ORISSA HIGH COURT
 Trainees are not 'workmen' hence have no right for regularization or even retrenchment
compensation. 2022 LLR 400 KARNATAKA HIGH COURT
 A settlement under section 12(3) of ID Act will be binding on all the workers. 2022 LLR 358
SUPREME COURT OF INDIA
 Gainful employment of a terminated workman if not proved, back wages would be payable on
reinstatement. 2022 LLR 372 KARNATAKA HIGH COURT

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 Order of Employees' Insurance Court without assigning reasons is not tenable. 2022 LLR 410 BOMBAY
HIGH COURT
 Dismissal of a bank employee for embezzlement by committing forgery is justified. 2022 LLR 355
SUPREME COURT OF INDIA
 Non-vacating of quarters despite orders by employer is gross misconduct to justify dismissal from
service. 2022 LLR 374 KARNATAKA HIGH COURT
 Inspector under Minimum Wages Act is competent to file criminal complaint against defaulting
employer. 2022 LLR 394 KERALA HIGH COURT
 Dismissal of bank employee after holding enquiry is justified. 2022 LLR 355 SUPREME COURT OF
INDIA
 Adjudicators cannot go beyond terms of reference. 2022 LLR 358 SUPREME COURT OF INDIA
 Unlike civil law, the successor of a deceased in an award will be liable for appropriate action. 2022
LLR 381 MADRAS HIGH COURT
 A health inspector supervising sanitary work would not be a 'workman'. 2022 LLR 374 KARNATAKA
HIGH COURT
EPF

 Mens rea not an essential element to levy of damages for delayed deposit of PF contributions. 2022
LLR 422 SUPREME COURT OF INDIA
 Any order by EPF Authority without affording reasonable opportunity to parties is to be quashed.
2022 LLR 436 CALCUTTA HIGH COURT
 Pre deposit condition for admission is not applicable in an appeal against levy of damages. 2022 LLR
470 BOMBAY HIGH COURT
 Attachment of bank account on next day of notice of recovery not tenable. 2022 LLR 441
CHHATTISGARH HIGH COURT
 Error committed by Registrar in refusing to register an appeal is violative of prescribed procedure
2022 LLR 452 GUJARAT HIGH COURT
 Ignorance of law is no excuse for delay in remittance of EPF dues 2022 LLR 456 KARNATAKA HIGH
COURT
 Delay in initiating proceedings to be justified even when no time limit is prescribed. 2022 LLR 457
KARNATAKA HIGH COURT
 Recovery of PF dues before limitation period for appeal is not justified. 2022 LLR 441 CHHATTISGARH
HIGH COURT
 Pre-deposit on admission of appeal can be allowed by Tribunal in two installments. 2022 LLR 465
MADRAS HIGH COURT
 Recovery of PF dues before limitation period for appeal is not justified. 2022 LLR 466 MADRAS HIGH
COURT
 An employer is not precluded from filing a review against order under section 7A of the Act. 2022 LLR
467 Madras High Court
 While waiving of reducing the determined amount, the Tribunal on admission of appeal must
give reasons. 2022 LLR 427 Allahabad High Court
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 Recovery of PF dues before limitation period for appeal is not justified. 2022 LLR 436 CALCUTTA HIGH
COURT
 Writ can be filed by an employer when Tribunal is functioning 2022 LLR 433 BOMBAY HIGH COURT
 Delayed deposit of provident fund contribution would justify damages. 2022 LLR 422 SUPREME
COURT OF INDIA
 It is the duty of the Registrar to allow the party to rectify any defect. 2022 LLR 452 GUJARAT HIGH
COURT
 On deposit of pre-deposit amount, the appellate is protected from recovery proceedings. 2022 LLR
470 BOMBAY HIGH COURT
 Transferee of an establishment must provided a list for identification of employees for deposit of PF
dues. 2022 LLR 436 CALCUTTA HIGH COURT
 Writ can be filed by an employer when Tribunal is functioning. 2022 LLR 431 BOMBAY HIGH COURT
 Condonation of delay in filing appeal can be considered in view of time spent in Writ Court. 2022 LLR
452 GUJARAT HIGH COURT
 Writ is tenable only after exhausting the prescribed remedy. 2022 LLR 436 CALCUTTA HIGH COURT
IMPORTANT JUDGEMENTS May 2022- Reported Judgments at Glance

 For wage deduction, employee must be given opportunity to be heard. 2022 LLR 473 SUPREME
COURT OF INDIA
 Car driver engaged by an officer will not be an employee of establishment. 2022 LLR 496 CALCUTTA
HIGH COURT
 Principal employers assuming control over workers will be treated as their employers. 2022 LLR
512 MADHYA PRADESH HIGH COURT
 Medical certificate showing a male employee as pregnant would be a fabrication justifying criminal
action. 2022 LLR 516 MADHYA PRADESH HIGH COURT
 A complaint for violation of Factories Act, filed after three months would be untenable. 2022 LLR
508 JHARKHAND HIGH COURT
 Demanding any wages directly from the employer or contractor will be illegal and violative of the
Head load Workers REW Scheme. 2022 LLR 534 KERALA HIGH COURT
 'Go slow' is a serious misconduct if workers remain present without doing work. 2022 LLR 473
SUPREME COURT OF INDIA
 Non-payment of retrenchment compensation to a worker, when worked for 5 years, would render
termination illegal. 2022 LLR 501 GUJARAT HIGH COURT
 President of a Trust not necessarily be an employer immune from enquiry by ICC under POSH Act.
2022 LLR 480 BOMBAY HIGH COURT
 Witnesses if not examined in presence of applicant, enquiry will be violative of natural justice. 2022
LLR 488 KERALA HIGH COURT
 Appellate Authority under Gratuity Act can't extend limitation beyond 60 days after initial 60 days.
2022 LLR 510 MADHYA PRADESH HIGH COURT
 Liability for accident compensation would arise from the date of employee's death. 2022 LLR
475 SUPREME COURT OF INDIA
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 Appropriate government must consider the dispute for referring for adjudication. 2022 LLR 512
MADHYA PRADESH HIGH COURT
 Internal Complaint Committee and the Local Complaint Committee operate in distinct spheres under
POSH Act. 2022 LLR 480 BOMBAY HIGH COURT
 Principal employer is liable for wages if the contractor fails to pay his workers. 2022 LLR 499
CALCUTTA HIGH COURT
 Adjudicator can lift the veil to determine relationship between employer and employee. 2022 LLR
512 MADHYA PRADESH HIGH COURT
 Non-disclosure of pendency of criminal case will make the employee non-trustworthy. 2022 LLR 516
MADHYA PRADESH HIGH COURT
 Appellate Tribunal can condone delay of maximum of 60 days after prescribed period of 60 days of
limitation. 2022 LLR 571 MADRAS HIGH COURT
 The Appellate Tribunal is bound to deal with all grounds raised by the parties in order. 2022 LLR 555
HIMACHAL PRADESH HIGH COURT
EPF

 Attaching bank account before the prescribed limitation period for appeal is set aside. 2022 LLR 557
JHARKHAND HIGH COURT
 Non-providing copy of report of enforcement officer is violative of natural justice. 2022 LLR 571
MADRAS HIGH COURT
 Recovery of EPF dues only after result of appeal as filed by employer. 2022 LLR 565 MADRAS HIGH
COURT
 An order under section 7A can be challenged in appeal and not in Writ Petition. 2022 LLR 571
MADRAS HIGH COURT
 Enforcement machinery should not be converted as a ploy just to fill up the coffers of the EP-FO.
2022 LLR 574 MADRAS HIGH COURT
 Interest will be paid by EPFO on delayed payment of EDLI to the legal heirs. 2022 LLR 569 MADRAS
HIGH COURT
 Instalments can be allowed for depositing EPF dues considering financial difficulties. 2022 LLR 561
KERALA HIGH COURT
 Instalments can be allowed for depositing EPF dues considering financial difficulties. 2022 LLR 567
MADRAS HIGH COURT
 Instalments can be allowed for depositing EPF dues considering financial difficulties. 2022 LLR 562
KERALA HIGH COURT
 Challenging order u/s 7A in High Court untenable unless appeal is filed. 2022 LLR 561KERALA HIGH
COURT
 Liquidator can allow an amount of Rs.12,13,513/- to be disbursed from the funds available on
liquidation of a company. 2022 LLR 551 GUJARAT HIGH COURT
 Writ petition not tenable during pendency of appeal before EPF Appellate Tribunal. 2022 LLR 554
CALCUTTA HIGH COURT
 Levy of interest without hearing employer is not tenable. 2022 LLR 576 ORISSA HIGH COURT
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 No appeal lies against an order of levy of interest and delayed deposit of EPF dues. 2022 LLR 576
ORISSA HIGH COURT
 Initiating proceedings can be at any time in the absence of a limitation period. 2022 LLR 577 ORISSA
HIGH COURT
 Attaching bank account without supplying copy of order is not sustainable. 2022 LLR 563 MADRAS
HIGH COURT
 Overlooking all grounds of the parties by the Tribunal will amount to non-speaking order. 2022 LLR
555 HIMACHAL PRADESH HIGH COURT
 Denial of opportunity for cross-examination of Enforcement Officer is violative of natural jus-tice.
2022 LLR 574 MADRAS HIGH COURT
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
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 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

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 Prosecution of factory’s Director and Manager untenable when company is not impleaded as
accused. 2022 LLR 616 JHARKHAND HIGH COURT
IMPORTANT JUDGEMENTS July 2022- Reported Judgments at Glance

 An employee holding a transferable post has no right to be posted at a particular place. 2022 LLR
716 CALCUTTA HIGH COURT
 Reinstatement with back wages is the normal rule when the removal of workers is illegal. 2022
LLR 772 TELANGNA HIGH COURT
 Occupier, not Managing Director, is liable for the offence under Factories Act. 2022 LLR 756 KERALA
HIGH COURT
 An employee accepting terms in the appointment letter can't demand better service conditions.
2022 LLR 748 KARNATAKA HIGH COURT
 Termination for misconduct is not retrenchment. 2022 LLR 765 PUNJAB AND HARYANA HIGH COURT
 Appeal against Compensation Commissioner can be admitted only on the question of law. 2022 LLR
709 SUPREME COURT OF INDIA
 Unlike criminal cases, misconduct in enquiry need not be proved beyond a reasonable doubt. 2022
LLR 748 KARNATAKA HIGH COURT
 Even a casual or daily wager will be entitled to gratuity if he has served for more than 5 years. 2022
LLR 745 KARNATAKA HIGH COURT
 Sexual harassment cannot be established in the absence of sufficient proof. 2022 LLR 761 MADRAS
HIGH COURT
 No relief from the Court when facts are concealed. 2022 LLR 745 KARNATAKA HIGH COURT
 Once a worker declares as unemployed, the employer has to prove his gainful employment. 2022
LLR 772 TELANGNA HIGH COURT
 The wording of reference would not bind the Labour Court to confine adjudication. 2022 LLR 736
DELHI HIGH COURT
 It is well settled in law that reason is the heartbeat of every conclusion. 2022 LLR 786 KARNATAKA
HIGH COURT
 Merely by gate passes and identity card, contractor's workers can't be employees of the principal
employer. 2022 LLR 781 GAUHATI HIGH COURT
 Labour Court can't decide beyond the pleadings of the parties. 2022 LLR 748 KARNATAKA HIGH
COURT
 Failure to comply with the transfer order is misconduct. 2022 LLR 716 CALCUTTA HIGH COURT
 The employer must prove that the employee is not a 'workman'. 2022 LLR 711 ALLAHABAD HIGH
COURT
 Writ petition untenable without exhausting statutory forum provided under ESI. 2022 LLR 770
TELANGANA HIGH COURT
 Dismissal for not reporting at the transferred place without an enquiry will be untenable.2022 LLR
716 CALCUTTA HIGH COURT

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EPF

 Pre-deposit is not necessary for filing an appeal challenging the levy of damages. 2022 LLR 792
ALLAHABAD HIGH COURT
 When the demand of EPF Authority is statutory, there cannot be any estoppel against the statute.
2022 LLR 813 PUNJAB AND HARYANA HIGH COURT
 Allowances would not attract EPF contributions if not applicable to all employees. 2022 LLR 806
KERALA HIGH COURT
 An attendance bonus not static in nature would not attract provident fund contribution. 2022 LLR
810 MADRAS HIGH COURT
 Initiating recovery proceedings within the prescribed period of appeal is not proper. 2022 LLR 818
JHARKHAND HIGH COURT
 Basic wages would include allowances which are not variable due to any reasons. 2022 LLR 806
KERALA HIGH COURT
 Petitioners cannot claim identification of beneficiaries after the order for determination is passed.
2022 LLR 797 DELHI HIGH COURT
 The employer is liable for the contributions of outsourced workers. 2022 LLR 815 TELANGANA HIGH
COURT
 The challenge to show cause notice issued by EPF Authority in the filing writ petition is not
maintainable. 2022 LLR 822 KERALA HIGH COURT
 Attachment of bank accounts of defaulting employer during pendency of the appeal is not proper.
2022 LLR 819 MADRAS HIGH COURT
 HRA is specifically excluded, hence no EPF dues is to be calculated upon the amount of HRA. 2022
LLR 804 KERALA HIGH COURT
 Determination of dues becomes final if no appeal is filed within the prescribed limitation period. 2022
LLR 813 PUNJAB AND HARYANA HIGH COURT
 Appeal, not writ, for challenging order under section 7A of the Act. 2022 LLR 815 TELANGANA HIGH
COURT
 Writ Petition against the order passed by EPF Authority is not maintainable if the alternate remedy
is not exhausted. 2022 LLR 818 JHARKHAND HIGH COURT
 Defaulter for remittance for PF dues only one who is having ultimate control of the establishment.
2022 LLR 822 KERALA HIGH COURT
 Financial constraint is no bar to levying damages for belated remission of PF dues. 2022 LLR 815
TELANGANA HIGH COURT
 Expression 'dues' as given in the Act, would not only include basic wages but allowances also. 2022
LLR 804 KERALA HIGH COURT
 Appeal to be filed within 60 days and another 60 days can be extended on sufficient cause. 2022 LLR
793 CALCUTTA HIGH COURT

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IMPORTANT JUDGEMENTS August 2022- Reported Judgments at Glance

 Termination for misconduct without enquiry is not sustainable. 2022 LLR 866 Karnataka High Court
 Dismissal justified on proved charges of sexual harassment. 2022 LLR 848 Gujarat High Court
 Appellate Authority of Gratuity is not empowered to interfere with an employer's punishment. 2022
LLR 884 CALCUTTA HIGH COURT
 Non-compliance with 'last come first go' will vitiate retrenchment. 2022 LLR 888 HIMACHAL
PRADESH HIGH COURT
 A medical certificate will be necessary to prove drunkardness during duty hours. 2022 LLR 880
Madras High Court
 Termination will have to be challenged at the place where the workman had worked. 2022 LLR 827
Supreme Court of India
 Regional Ayurvedic/Unani Officer is liable to pay minimum wages. 2022 LLR 830 Allahabad High Court
 Dismissal for un authorized absenteeism for six days will be disproportionate to the misconduct.
2022 LLR 880 Madras High Court
 Artificial breaks for the part-time employee will not deprive her of regularization. 2022 LLR 888
HIMACHAL PRADESH HIGH COURT
 A Court cannot overlook the fact if a daily wager challenged his termination after 14 years. 2022 LLR
833 Allahabad High Court
 Writ Court can interfere with findings of Tribunal when violative of natural justice. 2022 LLR 836
Calcutta High Court
 Ex-parte award to be set aside on deposit of 100% of the awarded amount. 2022 LLR 838 Delhi High
Court
 Aggrieved women subjected to sexual harassment can be of any age. 2022 LLR 848 Gujarat High
Court
 Loss caused to the employer can be recovered from the gratuity of the employee. 2022 LLR 884
CALCUTTA HIGH COURT
 All issues, except territorial jurisdiction, are decided together. 2022 LLR 827 Supreme Court of India
 State Government must abide by the Scheduled Employments for fixation of minimum wages. 2022
LLR 830 Allahabad High Court
 Liabilities may be fastened on contractors once engagement of contract labour is established. 2022
LLR 831 Allahabad High Court
 The Presiding Officer of ICC of POSH Act has to be a woman employed at a senior level. 2022 LLR
848 Gujarat High Court
EPF
 15% damages appropriate on the failure of RPFC for past defaults and delayed remittance. 2022 LLR
907 Chattishgarh High Court
 An unreasoned order passed by any judicial authority is not sustainable. 2022 LLR 941 Himachal
Pradesh High Court
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 Rejection of review petition must be by speaking order. 2022 LLR 925 Chhattisgarh High Court
 No interest is payable on a number of employees lying in the 'inoperative account'. 2022 LLR 939
Himachal Pradesh High Court
 When EPF Appellate Tribunal is non-functional, the employer may seek remedy in High Court. 2022
LLR 943 Karnataka High Court
 The reduction of damages by 60% by the Appellate Tribunal is not arbitrary. 2022 LLR 904 Karnataka
High Court
 Central Board can reduce or waive the damages of a sick company. 2022 LLR 912 Madras High Court
 In the absence of any infirmity in the decision of the EPF Authority, writ petition is not maintainable.
2022 LLR 915 Madras High Court
 Judicial authorities must ensure that the principles of natural justice have been complied with. 2022
LLR 941 Himachal Pradesh High Court
 Delay in filing an appeal beyond the prescribed limit is not condonable. 2022 LLR 916 Madras High
Court
 An employer facing financial difficulties can pay damages in installments. 2022 LLR 912 Madras High
Court
 Tribunal has powers to condone the delay in filing an appeal for 60 days. 2022 LLR 917 Madras High
Court
 The EPF authority is under certain legal obligations while allotting a fresh PF code number. 2022 LLR
906 Madras High Court
 For delayed remittance, damages under section 14-B of the Act are leviable. 2022 LLR 922 Madras
High Court
 Section 7C of the Act could be invoked only to determine the escaped amount. 2022 LLR 933
Telangana High Court
 EPF dues not claimed within 36 months after retirement they will be transferred to an 'inoperative
account'. 2022 LLR 939 Himachal Pradesh High Court
 Any order by the judicial authority without giving the opportunity of a hearing is not sustainable.
2022 LLR 941 Himachal Pradesh High Court
 Section 7A order when vague, is to be re-determined. 2022 LLR 925 Chhattisgarh High Court

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
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 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

 EPF Authority is entitled to challenge the order of the Tribunal. 2022 LLR 1020 CALCUTTA HIGH
COURT

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 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
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

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 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

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 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
IMPORTANT JUDGEMENTS November 2022- Reported Judgments at Glance

 Reinstatement with back wages is not automatic even if termination is illegal. 2022 LLR 1228
ORISSA HIGH COURT
 Initiating criminal proceedings instead of challenging termination is liable to be quashed. 2022 LLR
1239 KARNATAKA HIGH COURT
 Freelancers do not have master-servant relationships. 2022 LLR 1233 DELHI HIGH COURT
 The duty of authority for granting approval for termination is only to verify whether the enquiry was
fair or not. 2022 LLR 1204 KERALA HIGH COURT
 The legality or illegality of the strike can be decided by adjudication. 2022 LLR 1193 MADRAS HIGH
COURT
 Bank employees are required to observe higher standards of honesty and integrity. 2022 LLR 1220
ANDHRA PRADESH HIGH COURT
 Forfeiture of gratuity without show cause notice to the claimant is not sustainable. 2022 LLR 1206
KARNATAKA HIGH COURT
 The inquiry officer under POSH Act must be a senior to the delinquent. 2022 LLR 1188 MADRAS HIGH
COURT
 Workmen of contractors for cold drink bottles can't get wages for regular employees of the
principal employer. 2022 LLR 1228 ORISSA HIGH COURT
 Dismissal can't be challenged before the labour authority after granting approval. 2022 LLR 1181
SUPREME COURT OF INDIA
 An employee is not a workman if payments to employees were made as those to contractors. 2022
LLR 1233 DELHI HIGH COURT

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 Dismissal after long absenteeism due to sickness is justified if a workman is unfit to perform duties.
2022 LLR 1187 PATNA HIGH COURT
 An employee discharging the duty of supervisory nature will not be a workman. 2022 LLR 1195
Jharkhand High Court
 Section 33(2)(b) of the ID Act protects the workman from victimization during the pendency of the
dispute. 2022 LLR 1204 KERALA HIGH COURT
 Good conduct and discipline are inseparable from the functioning of every bank officer/employee.
2022 LLR 1220 ANDHRA PRADESH HIGH COURT
 Termination of service due to losses did not justify the employees to initiate criminal proceedings.
2022 LLR 1239 KARNATAKA HIGH COURT
 Law does not prescribe any time limit for seeking a reference of the industrial dispute. 2022 LLR 1226
ORISSA HIGH COURT
 Termination of service in violation of section 25-F of the Industrial Disputes Act will be illegal. 2022
LLR 1200 JAMMU & KASHMIR AND LADAKH HIGH COURT
EPF

 While conducting the enquiry, the authority must comply with the circulars, instructions and
guidelines. 2022 LLR 1242 TELANGANA HIGH COURT
 The rate of damages for delayed deposit of EPF dues must be effective at reduced rates. 2022 LLR
1290 MADRAS HIGH COURT
 No damages and interest can be levied for non-remittance of EPF dues. 2022 LLR 1262 DELHI HIGH
COURT
 EPF Authority cannot take any coercive action till the expiry of time granted to be deposited. 2022
LLR 1266 DELHI HIGH COURT
 Any order of the EPF Authority for imposing penalties without analyzing facts is not sustainable.
2022 LLR 1272 KERALA HIGH COURT
 Non-compliance with directions by EPF Authority within 10 days is a criminal offence. 2022 LLR 1292
PATNA HIGH COURT
 While clubbing two establishments, in same building, the Enforcement Officer should have taken
photographs.2022 LLR 1277 KERALA HIGH COURT
 An appeal is to be filed within 60 days from the date or knowledge of the order. 2022 LLR 1260
BOMBAY HIGH COURT
 EPF authority must look at the plea of the petitioner establishment for its exemption from the Act.
2022 LLR 1242 TELANGANA HIGH COURT
 Condition for pre-deposit of appeal can be reduced to 20% of the determined amount due to financial
hardship. 2022 LLR 1263 DELHI HIGH COURT
 The quasi-judicial authority must refer to all documents, and record. 2022 LLR 1277 KERALA HIGH
COURT
 Tribunal can condone a delay of 60 days for filing an appeal subject to sufficient cause. 2022 LLR 1260
BOMBAY HIGH COURT

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 EPF contributions are payable by the principal employer, employees of contractors without a Code
number. 2022 LLR 1276 KERALA HIGH COURT
 During the investigation by the police, the court should not go into the merits of the allegations. 2022
LLR 1292 PATNA HIGH COURT
 Tribunal has discretionary power to reduce or even waive the condition of pre-deposit. 2022 LLR
1263 DELHI HIGH COURT
 Pension is no longer a bounty to be paid at the whims and fancies of the employer. 2022 LLR 1280
KERALA HIGH COURT
 Without giving specific reasons, reducing damages to 5% of the demand is tenable.2022 LLR 1272
KERALA HIGH COURT
 While holding the enquiry the Authority shall follow the guidelines/instructions of EPFO. 2022 LLR
1242 TELANGANA HIGH COURT
IMPORTANT JUDGEMENTS December 2022- Reported Judgments at Glance

 Reinstatement is not a rule of thumb in all cases even if termination is illegal. 2022 LLR 1300 DELHI
HIGH COURT
 Article 226 is not appellate in nature hence reappraisal of evidence would be extraneous 2022 LLR
1301 DELHI HIGH COURT
 An ex-parte award may be set aside if Management pays the entire awarded amount.2022 LLR
1299 DELHI HIGH COURT
 Regularization of a temporary employee on reinstatement will be unconstitutional. 2022 LLR 1300
DELHI HIGH COURT
 An Award can be challenged in High Court only in the absence of any forum for appeal and must be
dealt with circumspection. 2022 LLR 1301 DELHI HIGH COURT
 Only the appropriate government can form an opinion on whether the dispute needs
adjudication.2022 LLR 1304 DELHI HIGH COURT
 Unpaid amounts by employers can be recovered by workmen under section 33C of the ID Act. 2022
LLR 1314 KARNATAKA HIGH COURT
 On failure of employer to comply with the direction of Labour Court, ex-parte award is not to be
set aside. 2022 LLR 1299 DELHI HIGH COURT
 Appellate Tribunal or Writ Court can direct EPF authority to lift the order of attachment of the
petitioner's bank account. 2022 LLR 1339 MADRAS HIGH COURT
 Compensation in lieu of reinstatement is appropriate relief. 2022 LLR 1300 DELHI HIGH COURT
 Termination is held to be illegal in the absence of one month's notice and compensation.2022 LLR
1311 GUJARAT HIGH COURT
 The Authority of the central government can reasonably classify different sets of employees. 2022
LLR 1318 SUPREME COURT OF INDIA
 The award of the Tribunal cannot be displaced by High Court by taking a different view. 2022 LLR
1301 DELHI HIGH COURT
 Industrial Disputes Act is beneficial legislation to protect the interests of workmen. 2022 LLR
1299 DELHI HIGH COURT
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 Employer-employee relationship can be determined only by adjudication. 2022 LLR 1304 DELHI HIGH
COURT
 No provisions of another statute can be made applicable over another unless provided in the
statutes. 2022 LLR 1306 GUJARAT HIGH COURT
 Provisions contained in the Employees' Pension (Amendment) Scheme are legal and valid. 2022
LLR 1318 SUPREME COURT OF INDIA
 Reinstatement is not appropriate when a concerned employee has superannuated or nearing
superannuation. 2022 LLR 1309 GUJARAT HIGH COURT
 A firm cannot be put under ESI Act unless a Notification is issued by the appropriate Government.
2022 LLR 1306 GUJARAT HIGH COURT
EPF

 An appeal is not permissible against the order passed pertaining to levy of interest for delayed
payment. 2022 LLR 1334 BOMBAY HIGH COURT
 The requirement in the pension scheme for an employee's contribution of 1.16% is illegal. 2022 LLR
1318 SUPREME COURT OF INDIA
 Educational institutions are coverable under the EPF&MP Act. 2022 LLR 1336 MADHYA PRADESH
HIGH COURT
 There is no flaw in altering the basis for the computation of pensionable salary. 2022 LLR 1318
SUPREME COURT OF INDIA
 The recovery process under section 8-F of the EPF&MP Act during the pendency of an appeal is not
proper. 2022 LLR 1338 MADRAS HIGH COURT
 Para 11(4) of the EPS will be applicable to the employees who exercised the option under para
11(3) of the 1995 pension scheme. 2022 LLR 1318 SUPREME COURT OF INDIA
 Hospitals and schools of the same Society with different code numbers will be treated separately.
2022 LLR 1340 MADRAS HIGH COURT
 There was no cut-off date in paragraph 11(3) of the Pension Scheme before 2014 amendment.2022
LLR 1318 SUPREME COURT OF INDIA
 Levy of interest along with damages for a delayed deposit would be appealable before the Tribunal.
2022 LLR 1334BOMBAY HIGH COURT
 The pension scheme ought to apply in the same manner to the employees of exempted and regular
establishments. 2022 LLR 1318 SUPREME COURT OF INDIA
 Recovery proceedings may be stayed by the Tribunal subject to any reasonable condition. 2022 LLR
1339 MADRAS HIGH COURT
 Additional three months are allowed to complete the liquidation proceeding by the liquidator. 2022 LLR 1343
MADRAS HIGH COURT
 Law is no longer res-integra for exercising power under Article 226 for statutorily fixed limitation. 2022 LLR
1346 Orissa High Court
 Hospitals employing only 7 persons would not be treated as an establishment to be covered by the EPF&MP
Act. 2022 LLR 1340 MADRAS HIGH COURT
 Any order passed without considering documents submitted by the employer is not sustainable.
2022 LLR 1344 MADRAS HIGH COURT
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