IMPORTANT JUDGEMENTS for June 2024

IMPORTANT JUDGEMENTS

 Workmen must be paid compensation on account of closure of the management due to genuine reasons.
2024 LLR WEB 204
DELHI HIGH COURT

 Labour Court/Industrial Tribunal is not empowered to review or recall its judgments.
2024 LLR WEB 205
DELHI HIGH COURT

 Tribunal can't ignore financial capacity of employer while adjudicating dispute over wage revision.
2024 LLR 597
SUPREME COURT OF INDIA

 Slapping of superior by the subordinate employee is a grave misconduct justifying termination.
2024 LLR 641
BOMBAY HIGH COURT

 No industrial dispute can be raised against the employer after the employee has received VRS amount.
2024 LLR 628
KARNATAKA HIGH COURT

 Entitlement to promotion is not necessarily an 'industrial dispute' under the ID Act.
2024 LLR 639
ORISSA HIGH COURT

 Weekly offs cannot be deducted while calculating the number of days an employee has worked.
2024 LLR 638
RAJASTHAN HIGH COURT

 Belated application does not defeat the employee's right of claiming gratuity.
2024 LLR 634
CALCUTTA HIGH COURT

 Assistant Labour Commissioner cannot decide complaint filed by the Inspector under Minimum Wages Act.
2024 LLR 648
MADHYA PRADESH HIGH COURT

 Absence of CLRA license would indicate that workers were directly employed by principal employer.
2024 LLR 609
DELHI HIGH COURT

 An appeal can lie against the ICC's order where the complaint was disposed off as closed.
2024 LLR WEB 200
DELHI HIGH COURT

 Disciplinary authority needs to take into consideration the past conduct of the workman before passing order of penalty.
2024 LLR WEB 201
KARNATAKA HIGH COURT

 No notice is required to be given for transfer of workmen.
2024 LLR WEB 202
GUJARAT HIGH COURT

 It is mandatory for the enquiry officer to serve notice of enquiry to the workman.
2024 LLR WEB 203
CALCUTTA HIGH COURT

 Termination after serving retrenchment notice on grounds of grave misconducts but without conducting enquiry is illegal.
2024 LLR WEB 206
DELHI HIGH COURT

 Incentive bonus that was calculated every month but used to be paid after three months would be 'wages' under the ESI Act.
2024 LLR WEB 207
PUNJAB & HARYANA HIGH COURT

 If there is absenteeism from services, the workman may be terminated even without conducting any enquiry.
2024 LLR WEB 208
DELHI HIGH COURT

 The dependants of a deceased employee who was insured under the ESI act cannot approach the Compensation Commissioner.
2024 LLR WEB 209
DELHI HIGH COURT

 Tribunal can compare establishment with equally placed industrial units in a dispute of wage revision.
2024 LLR 597
SUPREME COURT OF INDIA

 Dismissal of woman's complaint by ICC was proper when allegations were made to hide her indiscipline.
2024 LLR 617
CALCUTTA HIGH COURT

 Mere delay in decision of proceedings before CGIT cannot dilute evidence produced by management.
2024 LLR 641
BOMBAY HIGH COURT

 Plea of non-payment of minimum wages cannot be taken in a complaint made only with respect to overtime.
2024 LLR 648
MADHYA PRADESH HIGH COURT

 Employee cannot change date of birth after 10 years even though the original one was incorrect.
2024 LLR 604
SUPREME COURT OF INDIA

 Section 33-C (2) of the ID Act does not provide for awarding interest for delayed payment.
2024 LLR 613
ALLAHABAD HIGH COURT

 Employee cannot withdraw resignation after it is accepted by the appropriate authority.
2024 LLR 591
SUPREME COURT OF INDIA

 Factory owner continues to be the occupier if he sublets his premises for construction to a third party.
2024 LLR 625
KARNATAKA HIGH COURT

 Provisions of EPF&EPS Schemes covering international workers irrespective of salary drawn are unconstitutional.
2024 LLR 654
KARNATAKA HIGH COURT

 Depositing interest in reasonable installments should be permitted in case of financial problems.
2024 LLR 706
MADRAS HIGH COURT

 Order of EPF Authority without considering defence of establishment is unsustainable.
2024 LLR 669
MADHYA PRADESH HIGH COURT

 EPF Authority has to hear plea of non applicability if the establishment is a cooperative society.
2024 LLR 687
GAUHATI HIGH COURT

 EPFO cannot claim extra amount without assigning reasons after surrender of exemption.
2024 LLR 690
CALCUTTA HIGH COURT

 Non-deposit of pre-deposit amount will lead to dismissal of appeal at the stage of admission.
2024 LLR 696
GUJARAT HIGH COURT

 Orders passed by the Central Board u/s 14B of the EPF Act are appealable before the Tribunal.
2024 LLR 699
MADRAS HIGH COURT

 Plea of non applicability of the EPF Act on account of infancy of establishment cannot be taken.
2024 LLR 681
PUNJAB AND HARYANA HIGH COURT

 Pre-deposit is not mandatory for appeal against damages.
2024 LLR 706
MADRAS HIGH COURT

 Limitation Act is not applicable for appeals before EPF Tribunal.
2024 LLR 670
ALLAHABAD HIGH COURT

 Upper limit of rate of damages cannot be mechanically imposed by PF Authorities.
2024 LLR 675
MADRAS HIGH COURT

 It is not necessary for Tribunal to grant complete waiver of deposit for non identification of employees.
2024 LLR 703
BOMBAY HIGH COURT

 Assessment of PF dues was justified when employees' names were verified with attend-ance registers.
2024 LLR 679
ANDHRA PRADESH HIGH COURT

 Damages to be levied u/s 14B of the EPF Act cannot exceed arrears as specified in the Scheme.
2024 LLR 699
MADRAS HIGH COURT

 EPFO must accept Govt. securities invested in terms of investment pattern upon surrender of exemption.
2024 LLR 690
CALCUTTA HIGH COURT

 Interest on belated remittance of EPF dues is mandatory.
2024 LLR 675
MADRAS HIGH COURT

 HC can grant stay till pendency of appeal on deposit of some of the pre-deposit amount by em-ployer.
2024 LLR 668
BOMBAY HIGH COURT

 There cannot be an unlimited salary threshold for IWs while denying the same to Indian workers.
2024 LLR 654
KARNATAKA HIGH COURT

 For the purpose of payment of bonus to the employees, the definition of "wages" as provided in the Minimum Wages Act, cannot be used.
2024 LLR WEB 210
DELHI HIGH COURT

 Maternity Benefit Act is applicable to private educational institutions in Kerala.
2024 LLR WEB 211
KERALA HIGH COURT

 Workman cannot claim regularisation in government department when there was a break in the service.
2024 LLR WEB 212
DELHI HIGH COURT

 Wards of insured persons are entitled to preferential quota for admission in some ESI medical colleges.
2024 LLR WEB 213
DELHI HIGH COURT

 Contractual employees also fall within the ambit of the definition of "workman" as defined under Section 2(s) of the ID Act.
2024 LLR WEB 214
DELHI HIGH COURT

 Merely dismissing a workman during pendency of industrial dispute does not make the order of removal or dismissal void thereby entitling the reinstatement of the employee.
2024 LLR WEB 215
KERALA HIGH COURT

 Even temporary/contractual employees can form a trade union.
2024 LLR WEB 216
KARNATAKA HIGH COURT

 Reinstatement is not a viable option when the workman was retrenched 16 years ago.
2024 LLR WEB 217
DELHI HIGH COURT

 A driver cannot challenge punishment imposed on him directly before the High Court.
2024 LLR WEB 218
KARNATAKA HIGH COURT

 Transfer made to a place where there was no vacant position and on the false pretext of promoting is mala fide.
2024 LLR WEB 219
DELHI HIGH COURT

 Technical considerations of res judicata does not apply to industrial disputes.
2024 LLR WEB 220
DELHI HIGH COURT

 Court has the discretion to not award back wages along with reinstatement depending on the past conduct of the workman.
2024 LLR WEB 228
DELHI HIGH COURT

 After a common dispute pertaining to multiple workmen has been properly espoused by a union, the Labour Courts can adjudicate the reference collectively for all workmen involved.
2024 LLR WEB 229
DELHI HIGH COURT

 Communication of resignation is not necessary unless mandated by the rules governing the same.
2024 LLR 591
SUPREME COURT OF INDIA

 Expressions ''baby'' and ''sweety'' are per se not sexually coloured so as to constitute sexual harassment.
2024 LLR 617
CALCUTTA HIGH COURT

 When the ICC report was not in dispute, the finding of the Labour Court that the report was not proved is incorrect.
2024 LLR WEB 221
KERALA HIGH COURT

 Particulars of admitted date of birth cannot be questioned before the High Court.
2024 LLR WEB 222
GUJARAT HIGH COURT

 Limitation under the POSH Act is not to be seriously applied in cases involving continuous molestation and harassment.
2024 LLR WEB 223
MADRAS HIGH COURT

 Working journalists are not workmen under the ID Act or employees under the MRTU and PULP Act.
2024 LLR WEB 224
BOMBAY HIGH COURT

 Tribunal cannot intervene with quantum of punishment under section 33(2)(b) of the ID Act.
2024 LLR WEB 225
MADRAS HIGH COURT

 Joining some other employer on the next day of termination would not disentitle the workman to seek relief.
2024 LLR WEB 226
PUNJAB AND HARYANA HIGH COURT

 An employee cannot be made to work for another employee unilaterally.
2024 LLR WEB 227
PUNJAB AND HARYANA HIGH COURT