IMPORTANT JUDGEMENTS for March 2023

IMPORTANT JUDGEMENTS

 Police must protect property and lives of employer and non-striking workers from unruly workers on strike.
2023 LLR 266
MADRAS HIGH COURT

 An employee, covered under ESI Act, has a fundamental right to its benefits.
2023 LLR 237
SUPREME COURT OF INDIA

 Inquiry under POSH Act is not to be quashed even if not completed within 90 days.
2023 LLR 248
DELHI HIGH COURT

 Full back wages are appropriate on reinstatement when an employer has delayed the proceed-ings.
2023 LLR 282
BOMBAY HIGH COURT

 Unauthorised absence of a workman for long period will justify termination without enquiry.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT

 Interest on gratuity is to be levied if not paid within 30 days.
2023 LLR 293
KARNATAKA HIGH COURT

 Unexplained possession of Rs.359 by a bus conductor on duty would justify his termination.
2023 LLR 308
KARNATAKA HIGH COURT

 An establishment will continue to be covered under ESI even when the number of employees is below 10.
2023 LLR 237
SUPREME COURT OF INDIA

 No retrenchment compensation on termination without completing 240 days of service.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT

 Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months.
2023 LLR 252
GUJARAT HIGH COURT

 Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months.
2023 LLR 302
RAJASTHAN HIGH COURT

 Non-issuance of tickets despite collecting money is a grave misconduct justifying dismissal.
2023 LLR 290
KARNATAKA HIGH COURT

 No leniency can be shown to a bus conductor who has committed 191 misconducts in the past.
2023 LLR 308
KARNATAKA HIGH COURT

 Agitating workers can protest peacefully 100 meters away from work premises.
2023 LLR 266
MADRAS HIGH COURT

 Abandonment of job to be presumed if workman did not resume duties despite repeated letters.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT

 Reinstatement despite illegal termination is redundant when the concerned workman is already superannuated.
2023 LLR 254
ORISSA HIGH COURT

 Gratuity can be forfeited only for prescribed contingencies under section 4(6) of the Act.
2023 LLR 297
MADRAS HIGH COURT

 Dismissal is justified for unexplained and unauthorised absence for a long period.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT

 Determination of EPF contribution under section 7-A without identification of beneficiaries is not proper.
2023 LLR 332
KARNATAKA HIGH COURT

 Ad hoc allowance linked with attendance, when variable, would not be treated as basic wages.
2023 LLR 319
ANDHRA PRADESH HIGH COURT

 Damages are to be levied considering the period of delay, conduct and financial position of the employer.
2023 LLR 316
ORISSA HIGH COURT

 An appeal will not lie after a delay of 10 days.
2023 LLR 353
MADRAS HIGH COURT

 Earnings not by all employees would not be treated as basic wages for contributions.
2023 LLR 344
MADRAS HIGH COURT

 Installments can be permitted by High Court for the deposit of EPF dues.
2023 LLR 341
KERALA HIGH COURT

 Exemption from the Act is to be granted only after consultation with Central Board.
2023 LLR 348
PATNA HIGH COURT

 Production incentives depending on variable productivity will not be wages for contributions.
2023 LLR 319
ANDHRA PRADESH HIGH COURT

 If an employer contravenes or makes a default in complying with any of the conditions of the exemption, the deviation would be punishable.
2023 LLR 348
PATNA HIGH COURT

 EPF order when not sent to the proper address would justify an extension period for appeal.
2023 LLR 322
CALCUTTA HIGH COURT

 Instead of 75% pre-deposit the tribunal should have considered only 10%.
2023 LLR 324
DELHI HIGH COURT

 For clubbing of two establishments functional interdependence would be essential.
2023 LLR 327
GUJARAT HIGH COURT

 Limitation Act is not applicable in filing appeals.
2023 LLR 330
KARNATAKA HIGH COURT

 EPF authority to re-assess determined contributions after identification of beneficiaries.
2023 LLR 332
KARNATAKA HIGH COURT

 For the determination of money, the assets and liabilities as per the balance sheet should not be conclusive.
2023 LLR 336
KERALA HIGH COURT

 Beneficiaries are entitled only to interest when the EPF contributions are deposited belatedly.
2023 LLR 316
ORISSA HIGH COURT

 There cannot be any strait-jacket formula of mens rea to be blindly followed in all cases.
2023 LLR 336
KERALA HIGH COURT

 The term, 'basic wages' does not include any dearness allowance, house rent allow-ance, overtime allowance or any other similar allowance.
2023 LLR 351
KARNATAKA HIGH COURT