Labour Court cannot pass an interim order restraining employer from imposing punishment.
2024 LLR 1229
BOMBAY HIGH COURT
Offices of Chartered Accountants and Lawyers are not covered under the ambit of the ESI Act.
2024 LLR 1193
CALCUTTA HIGH COURT
Forfeiture of gratuity is illegal when no FIR was registered and allegations were not proved be-fore Court.
2024 LLR 1204
DELHI HIGH COURT
All female employees working in private sector are entitled to Maternity Leave of 180 days.
2024 LLR 1211
RAJASTHAN HIGH COURT
Tribunal cannot give findings on the validity of the enquiry when enquiry officer's report was not on record.
2024 LLR 1227
GUJARAT HIGH COURT
Employee would not be entitled to promotion even when he was found guilty of a minor mis-conduct.
2024 LLR 1241
JAMMU AND KASHMIR AND LADAKH HIGH COURT
Contractor is liable to pay accident compensation of an employee of the sub-contractor.
2024 LLR 1221
MADRAS HIGH COURT
No show cause notice is to be issued before terminating a probationer.
2024 LLR 1208
KERALA HIGH COURT
Financial benefits subsumed by VRS would not be available after cessation of employment.
2024 LLR 1181
DELHI HIGH COURT
Appointment letter cannot be disregarded only because of absence of employee's signature.
2024 LLR 1208
KERALA HIGH COURT
Dismissal is appropriate when misconduct was admitted before Enquiry Officer and misappro-priated amount was deposited.
2024 LLR 1197
GUJARAT HIGH COURT
Transfer cannot be made under the POSH Act without ICC's recommendation.
2024 LLR 1237
MADHYA PRADESH HIGH COURT
Proportionality of punishment cannot be considered when only the show cause notice has been issued.
2024 LLR 1229
BOMBAY HIGH COURT
Compensation policy cannot exclude the applicability of the Employees' Compensation Act.
2024 LLR 1221
MADRAS HIGH COURT
Lay-off compensation, if not part of VRS package, can be claimed when entitlement arose during service.
2024 LLR 1181
DELHI HIGH COURT
Factory supervisors would not be vicariously liable when they were not responsible for work-ers' safety.
2024 LLR 1234
KARNATAKA HIGH COURT
Dismissal of approval application filed after more than 20 days from the termination date is proper.
2024 LLR 1191
MADRAS HIGH COURT
It is not mandatory to consider the contentions of contract labour before drawing up a contract.
2024 LLR 1244
Karnataka High Court
Disputes regarding EPF contributions are not arbitrable.
2024 LLR 1284
TRIPURA HIGH COURT
EPF Authorities cannot keep enquiries under sections 14B and 7Q pending for 15 years.
2024 LLR 1265
PATNA HIGH COURT
Rejection of review application would not forfeit right of appeal against the 7A order.
2024 LLR 1271
BOMBAY HIGH COURT
EPFO to prove the establishment's having 20 employees after the employer has dis-charged initial burden.
2024 LLR 1257
PUNJAB AND HARYANA HIGH COURT
Recovery of PF amounts due covered under a settlement under the ID Act would not be possible.
2024 LLR 1264
KERALA HIGH COURT
Contention regarding status of a person as 'employee' cannot be raised before the HC for first time.
2024 LLR 1266
MADHYA PRADESH HIGH COURT
The damages and interest of PF dues will not get priority over the claim of debt recovery.
2024 LLR 1254
TELANGANA HIGH COURT
EPF Act would be applicable on employees not covered under un-exempted establish-ment's contributory scheme.
2024 LLR 1250
MADRAS HIGH COURT
Establishment can request Authority to reopen case for further assessment when data was over-looked.
2024 LLR 1282
ALLAHABAD HIGH COURT
Employer is not bound to contribute more than statutory limit under the EPF Act.
2024 LLR 1275
PUNJAB AND HARYANA HIGH COURT
Order determining dues without finding on applicability of the EPF Act on the establishment is illegal.
2024 LLR 1276
MADHYA PRADESH HIGH COURT
Order in review application other than rejection, can be appealed as if it was the original 7A order.
2024 LLR 1271
BOMBAY HIGH COURT
No enquiry is required when the establishment has given a self declaration of having 20 employees.
2024 LLR 1261
MADHYA PRADESH HIGH COURT
Option under para 26(6) of EPF Scheme can't be exercised after retirement even with no time limit.
2024 LLR 1290
KERALA HIGH COURT
Banks would be covered under the EPF Act even if they do not have more than one branch.
2024 LLR 1250
MADRAS HIGH COURT
Employees list prepared by Inspecting officer, with names of outsiders brought by Union, is in-admissible.
2024 LLR 1270
RAJASTHAN HIGH COURT
Section 7A order to be set aside in the absence of Gazette notification covering industry not mentioned under Schedule I of the EPF Act.
2024 LLR 1276
MADHYA PRADESH HIGH COURT
No retrospective contribution by employer to pension fund over statutory limits after employ-ees' retirement.
2024 LLR 1290
KERALA HIGH COURT
Accident compensation payable in foreign currency is to be at the exchange rate at which the compensation is calculated in Indian Rupees based on the date on which the payment is actually made.
2024 LLR WEB 333
BOMBAY HIGH COURT
The finding of the inquiry officer regarding misconduct is not open for challenge once the delinquent failed to challenge or in a way admits the validity of the inquiry.
2024 LLR WEB 334
BOMBAY HIGH COURT
When misconduct, especially theft, is established, Labour Courts should not reduce punishment under Section 11-A of the Industrial Disputes Act based solely on sympathy.
2024 LLR WEB 335
KARNATAKA HIGH COURT
Employees employed through the contractor cannot seek reinstatement from the principal employer.
2024 LLR WEB 336
ALLAHABAD HIGH COURT
Transfer is an incidental happening in an employment which cannot be challenged even if the transferred employee faces difficulties.
2024 LLR WEB 337
MADRAS HIGH COURT
Compensation in lieu of reinstatement with back wages is proper when industrial dispute was raised after a long time.
2024 LLR WEB 338
HIMACHAL PRADESH HIGH COURT
Wife of deceased husband is entitled to ESI benefits if there was nomination and cohabitation despite of being divorced.
2024 LLR WEB 339
MADRAS HIGH COURT
Acceptance of partial back wages and notional regularization without contest precludes subsequent claims for full arrears.
2024 LLR WEB 340
PUNJAB AND HARYANA HIGH COURT
Appropriate Government is not bound to grant opportunity of hearing to management before making a reference to Industrial Tribunal.
2024 LLR WEB 341
PUNJAB AND HARYANA HIGH COURT
Basic liability under the ESI Act is on immediate employer even though principal employer has liability to recover and to pay contribution from immediate employer.
2024 LLR WEB 342
KERALA HIGH COURT
The enquiry conducted by the ICC should be a full-fledged enquiry complying with the principles of natural justice.
2024 LLR WEB 343
MADHYA PRADESH HIGH COURT
Industrial Tribunal cannot adjudicate on whether the contract is sham unless the reference was specifically made in that respect.
2024 LLR WEB 344
DELHI HIGH COURT
Proceedings under the ESI Act cannot be initiated when the company is under moratorium under IBC.
2024 LLR WEB 346
THE NATIONAL COMPANY LAW TRIBUNAL, ALLAHABAD
Delay in claim of minimum wages can be condoned if there is sufficient cause.
2024 LLR WEB 347
KERALA HIGH COURT
It is mandatory to serve notice of closure to the appropriate Government under section 25FF of the ID Act.
2024 LLR WEB 348
BOMBAY HIGH COURT
A regular service of permanent character cannot be compared to short daily wage employment though it may be for 240 days in a year.
2024 LLR WEB 349
CALCUTTA HIGH COURT
Embezzlement by a bank employee is grave misconduct justifying dismissal.
2024 LLR WEB 350
MADRAS HIGH COURT
Payment of Gratuity will override any settlement made under the ID Act.
2024 LLR WEB 345
KERALA HIGH COURT
