IMPORTANT JUDGEMENTS for January 2024

IMPORTANT JUDGEMENTS

 Retrenchment compensation must be paid if the establishment is not closed due to unavoidable circumstances
2024 LLR WEB 1
JAMMU & KASHMIR AND LADAKH HIGH COURT

 Offices of Chartered Accountants do not fall within the meaning of the ESI Act
2024 LLR WEB 2
GUJARAT HIGH COURT

 Payment of Wages Act is applicable only when employee-employer relationship is established.
2024 LLR WEB 3
JAMMU & KASHMIR AND LADAKH HIGH COURT

 No appeal would lie against an order of the Compensation Commissioner unless a substantial question of law is involved.
2024 LLR WEB 4
JAMMU & KASHMIR AND LADAKH HIGH COURT

 Employees insured with ESIC can even avail the benefits of a private in emergent condition
2024 LLR WEB 5
KERALA HIGH COURT

 Principal employer is not bound to pay any differential salary/wages to contractual workers under rule 25(2)(v)(a) of the CLRA Rules, 1971
2024 LLR WEB 6
CALCUTTA HIGH COURT

 There would be no employer-employee relationship between the principal employer and the contractor even in the absence of registration certificate and license
2024 LLR WEB 7
DELHI HIGH COURT

 A person temporarily hired under an agreement would be entitled to accident compensation under the Employees' Compensation Act, 1923
2024 LLR WEB 8
DELHI HIGH COURT

 Reduction of the quantum of punishment by the Labour Court when enquiry was properly conducted would amount to misplaced sympathy
2024 LLR WEB 9
MADRAS HIGH COURT

 Claim under section 33(C)(2) of the ID Act, if arisen out of established service conditions, would be maintainable even without prior adjudication
2024 LLR WEB 10
DELHI HIGH COURT

 Employee cannot be deprived of gratuity until the criminal proceedings culminate into conviction for "offence"
2024 LLR WEB 11
DELHI HIGH COURT

 Examination of the employer is not possible at belated stage when the onus was on the workman to prove that he was not gainfully employed
2024 LLR WEB 18
HIMACHAL PRADESH HIGH COURT

 Compulsory retirement is no ground for forfeiture of gratuity
2024 LLR WEB 23
SUPREME COURT OF INDIA

 Amount attached cannot be kept by the EPF Authority with reference to Contractors for an unlimited period
2024 LLR WEB 27
PUNJAB AND HARYANA HIGH COURT

 Forceful resignation on ground of later offering employment through an intermediary is illegal
2024 LLR WEB 28
MADRAS HIGH COURT

 Provisions of Limitation Act cannot prevail over the 3 year limitation for raising individual disputes under section 2A of the ID Act
2024 LLR WEB 29
DELHI HIGH COURT

 When the transfer orders are made on account of administrative exigencies, no objection of any employee can be entertained
2024 LLR WEB 30
ALLAHABAD HIGH COURT

 Once a certificate is issued under Section 8 of The Gratuity Act and forwarded to the Certificate Officer for execution, he is bound to execute the same
2024 LLR WEB 31
CALCUTTA HIGH COURT

 Claim for minimum wages under section 33(C)(2) needs to substantiated with Consumer Price Index
2024 LLR WEB 32
MADRAS HIGH COURT

 Inquiry under POSH Act is exempt from judicial review
2024 LLR WEB 33
SUPREME COURT OF INDIA

 Burden of proving aspects relating to wages in ESI proceedings is upon the employer
2024 LLR WEB 34
DELHI HIGH COURT

 Dismissal of an employee for performing unnatural acts in office premises is justified
2024 LLR WEB 35
BOMBAY HIGH COURT

 Unemployment of workers and continuous losses are grounds to close down an establishment
2024 LLR WEB 36
BOMBAY HIGH COURT

 In the absence of reference, Industrial Court cannot order payment of minimum wages even if the workmen were entitled to claim the same
2024 LLR WEB 38
BOMBAY HIGH COURT

 Conditions of service do not change when notice is given, but are affected only when the change is actually made
2024 LLR WEB 39
KARNATAKA HIGH COURT

 Assessment of EPF dues and initiation of recovery proceedings when the company was not declared as sick company is proper
2024 LLR WEB 41
SUPREME COURT OF INDIA

 Non issuance of notice under S.25F will not lead to reinstatement with back wages.
2024 LLR 1
SUPREME COURT OF INDIA

 Claim for change in date of birth at the fag end of service is not maintainable
2024 LLR 13
JHARKHAND HIGH COURT

 Complaint of forced resignation after a month will be an afterthought.
2024 LLR 9
MADHYA PRADESH HIGH COURT

 No determination of gratuity in the absence of employer-employee relationship.
2024 LLR 21
CALCUTTA HIGH COURT

 Departmental appeal cannot be availed under the POSH Act.
2024 LLR 28
MADHYA PRADESH HIGH COURT

 Compensation on death is payable even when accident is due to influence of alcohol/drugs.
2024 LLR 15
HIMACHAL PRADESH HIGH COURT

 No absorption of contractual workers when canteen is run by private contractors.
2024 LLR 32
GAUHATI HIGH COURT

 Labour Cess is not leviable on supply of materials and consultancy charges.
2024 LLR 6
JHARKHAND HIGH COURT

 No reinstatement on wrongful termination if dispute is raised belatedly after 20 years.
2024 LLR 44
PUNJAB AND HARYANA HIGH COURT

 Principal employer is liable to pay wages to contractual workers if not paid by the contractor.
2024 LLR 51
DELHI HIGH COURT

 Writ Court cannot adjudicate upon the validity of settlement after its unconditional acceptance.
2024 LLR 41
MADRAS HIGH COURT

 No appeal before Registrar unless registration of trade union is cancelled or withdrawn.
2024 LLR 37
RAJASTHAN HIGH COURT

 Reinstatement of a workman who took unauthorized absence due to depression is proper.
2024 LLR 19
KARNATAKA HIGH COURT

 Complaint under S.33-A is unsustainable when approval is pending and wages have been paid.
2024 LLR 1
GUJARAT HIGH COURT

 Appropriate Government has no power of adjudication on the claim of workman.
2024 LLR 13
JHARKHAND HIGH COURT

 Complaint to the Local Committee after a lapse of three months is not maintainable if limit is not extended.
2024 LLR 28
MADHYA PRADESH HIGH COURT

 Granting reinstatement to a daily-wager is improper.
2024 LLR 46
RAJASTHAN HIGH COURT

 Relief relating to the same subject matter cannot be sought in two forums.
2024 LLR 37
RAJASTHAN HIGH COURT

 Clubbing of institutes merely because they were controlled by the same management is improper.
2024 LLR 58
SUPREME COURT OF INDIA

 Lengthy inquiries for 5 to 20 years, without evidence, are legally untenable.
2024 LLR 109
TELANGANA HIGH COURT

 Damages and interest cannot be clubbed together for calculating penal damages.
2024 LLR 84
KARNATAKA HIGH COURT

 EPF Authority is bound to identify and ascertain the correct number of beneficiaries.
2024 LLR 66
KERALA HIGH COURT

 The EPF Authority is under legal obligation to record evidence of all parties.
2024 LLR 98
UTTARAKHAND HIGH COURT

 Daily order sheets with signature of Assessing Officer to be supplied after S.7A hearings.
2024 LLR 109
TELANGANA HIGH COURT

 Parent Teacher Association is not an educational institution under the EPF Act.
2024 LLR 76
KERALA HIGH COURT

 An appeal against demand notice issued by the EPF Authority is not maintainable.
2024 LLR 64
BOMBAY HIGH COURT

 Prosecution of employer for not submitting the mandatory form 19 is proper.
2024 LLR 90
KERALA HIGH COURT

 Damages cannot exceed the amount at arrears specified in the EPF Scheme.
2024 LLR 81
MADRAS HIGH COURT

 Principal employer is liable to enroll contractor''s workers if the Contractor does not have PF code number.
2024 LLR 71
TELANGANA HIGH COURT

 Granting additional time beyond limitation for filing appeal is proper if S.14B order was never served.
2024 LLR 88
JHARKHAND HIGH COURT

 Payment of EPF dues in arrears owing to huge losses is proper.
2024 LLR 95
MADRAS HIGH COURT

 Wage register is an admissible proof for ascertaining number of employees.
2024 LLR 76
KERALA HIGH COURT

 Scope of enquiry cannot be extended beyond the fact in issue.
2024 LLR 109
TELANGANA HIGH COURT

 EPF Authority cannot impose interest less than 12% under Section 7Q of the Act.
2024 LLR 67
ALLAHABAD HIGH COURT

 No penal action/revocation of exemption due to mere acquisition of shares in a company by another entity.
2024 LLR 92
KARNATAKA HIGH COURT

 The Tribunal can consider additional evidence produced by the parties.
2024 LLR 86
TELANGANA HIGH COURT

 Heart Attack at work will not entitle compensation until attributable by stress and strain during course of employment
2024 LLR WEB 12
ANDHRA PRADESH HIGH COURT

 The term 'Basic Wages' under the EPF Act is not the same as 'Minimum Wages' under the Minimum Wages Act
2024 LLR WEB 15
DELHI HIGH COURT

 Unauthorised possession of company's quarters by the workman is a gross misconduct justifying removal from service
2024 LLR WEB 19
JHARKHAND HIGH COURT

 Factory not manufacturing artificially prepared substances would not come under the ambit of the EPF Act
2024 LLR WEB 20
RAJASTHAN HIGH COURT

 Mere non-maintenance of seniority list would not imply that the workman was in continuous service
2024 LLR WEB 14
DELHI HIGH COURT

 Mere affidavit is not sufficient to prove that the employee had worked for 240 days
2024 LLR WEB 13
PUNJAB AND HARYANA HIGH COURT

 No relief under section 33A of the ID Act if the pending reference was not connected with the workman
2024 LLR WEB 16
DELHI HIGH COURT

 Mere non holding of disciplinary enquiry does not imply that the termination was illegal
2024 LLR WEB 17
BOMBAY HIGH COURT

 Apprentices cannot be regularized after the expiry of temporary agreement
2024 LLR WEB 21
RAJASTHAN HIGH COURT

 Termination of employee for making defamatory posts against the company on social media is valid
2024 LLR WEB 22
BOMBAY HIGH COURT

 ESI Authority cannot demand contributions for 223 employees when the company had only 123 employees
2024 LLR WEB 24
MADRAS HIGH COURT

 Settlement will continue to be in force till such time the same is substituted by another Award or Settlement
2024 LLR WEB 25
MADRAS HIGH COURT

 There is no ceiling on wages for computing accident compensation
2024 LLR WEB 26
MADRAS HIGH COURT

 Stopping salary of employee on the ground of fraudulent hiring in the absence of any over act is impermissible
2024 LLR WEB 37
SUPREME COURT OF INDIA

 Sole testimony of aggrieved woman may be sufficient to prove the charge, where the testimony inspires confidence
2024 LLR WEB 40
DELHI HIGH COURT

 Overtime wages could not be paid in disguise of conveyance allowance to avoid payment of ESI contribution
2024 LLR WEB 42
KARNATAKA HIGH COURT

 Medical practitioners must place due regard to the percentages of loss of earning capacity in relation to different injuries specified in the Schedule-I for the purposes of assessment of loss of earning capacity
2024 LLR WEB 43
DELHI HIGH COURT