IMPORTANT JUDGEMENTS for February 2023

IMPORTANT JUDGEMENTS

 Transfer of an employee cannot be interfered with by the Courts unless same is mala fide.
2023 LLR 134
DELHI HIGH COURT

 Considering the length of service and about 12 years of litigation, compensation is enhanced to Rs.10 lakhs.
2023 LLR 127
DELHI HIGH COURT

 Termination of a probationer on completion of the extended period of probation is not retrenchment.
2023 LLR 144
GUJARAT HIGH COURT

 The appropriate government can correct clerical or arithmetical mistakes by fixing or revising minimum wages.
2023 LLR 119
SUPREME COURT OF INDIA

 The appropriate government can correct clerical or arithmetical mistakes by fixing or revising minimum wages.
2023 LLR 158
MADRAS HIGH COURT

 Prosecution under section 92 of the Factories Act is not permissible if acquitted in criminal proceedings.
2023 LLR 155
KARNATAKA HIGH COURT

 An objection that domestic enquiry was not fair or proper, Labour Court has to decide as a preliminary issue.
2023 LLR 158
MADRAS HIGH COURT

 Compensation in lieu of reinstatement depends on the nature of employment, length of service, and the time lapse between the cessation of employment and the final order.
2023 LLR 127
DELHI HIGH COURT

 The burden to establish a Master-Servant relationship lies on the workman and not the employ-er.
2023 LLR 132
ALLAHABAD HIGH COURT

 Workman is not punished for the delay in litigation, but Courts must take a pragmatic view.
2023 LLR 127
DELHI HIGH COURT

 Whether a workman was gainfully employed or not is a question of fact and hence cannot be interfered with.
2023 LLR 124
SUPREME COURT OF INDIA

 When a screen shot of an obscene phone call did not show the number, the accused cannot be held guilty.
2023 LLR 146
JAMMU AND KASHMIR HIGH COURT

 Once retrenchment are set aside, the workmen will be entitled to continuity of service with back wages.
2023 LLR 124
SUPREME COURT OF INDIA

 Building & Other Construction Workers Welfare Cess Rules do not contain provisions for waiver or reduction.
2023 LLR 135
DELHI HIGH COURT

 Criminal proceedings under the Payment of Wages Act for implementation of the award are not tenable.
2023 LLR 161
ORISSA HIGH COURT

 Reinstatement can be granted only in exceptional cases even if termination is wrongful.
2023 LLR 127
DELHI HIGH COURT

 Overtime paid to workmen who worked on weekly off days, is not basic wages for EPF contributions.
2023 LLR 179
MADRAS HIGH COURT

 The Act will continue to be effective even though the employees' number is reduced be-low 20.
2023 LLR 180
MADRAS HIGH COURT

 Where the allowance is universally and ordinarily paid to all employees, such emoluments are 'basic wages'.
2023 LLR 202
KERALA HIGH COURT

 Review petition if not filed in prescribed Form is liable to be rejected.
2023 LLR 165
TRIPURA HIGH COURT

 Non-production of documents in possession of the employer will justify adverse inference against him.
2023 LLR 166
TELANGANA HIGH COURT

 Either appeal or review is the remedy to challenge an order u/s 7A of the Act.
2023 LLR 174
ORISSA HIGH COURT

 Special allowances, like HR and conveyance paid to some employees, will not be 'basic wages.
2023 LLR 202
KERALA HIGH COURT

 Assessment of EPF contributions without identifying beneficiaries is not sustainable.
2023 LLR 186
MADHYA PRADESH HIGH COURT

 Delay for filing an appeal can be condoned up to a further 60 days subject to sufficient cause.
2023 LLR 200
KERALA HIGH COURT

 If the employer does not raise objection against report of the Enforcement Officer, that will be taken as justified.
2023 LLR 197
KERALA HIGH COURT

 Loss for three consecutive financial years shall be a ground to withdraw exemption under Act.
2023 LLR 207
KARNATAKA HIGH COURT

 While imposing damages, the authorities should consider the number of defaults, the period and reasons for the delay, the frequency of default and the amount involved
2023 LLR 213
CHHATTISGARH HIGH COURT

 Non-production of documents as directed by the EPF Authority amounts to non-cooperation.
2023 LLR 219
ALLAHABAD HIGH COURT

 Challenging show cause notice in a writ petition is not maintainable.
2023 LLR 164
MADRAS HIGH COURT

 Any variable earning from individual to individual will be excluded from ' 'basic wages' '.
2023 LLR 202
KERALA HIGH COURT

 Employees engaged directly or indirectly are coverable under the Act.
2023 LLR 180
MADRAS HIGH COURT

 EPF Authority has no power to condone the delay for the review petition beyond 45 days.
2023 LLR 180
MADRAS HIGH COURT