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Labour Law Judgements at a glance April 2024

IMPORTANT JUDGEMENTS April 2024- Reported Judgments at Glance

Threatening female Enquiry Officer is a serious misconduct justifying dismissal. 2024 LLR 374 Delhi High Court

Setting aside of ex-parte award is proper when there were sufficient reasons for management's absence. 2024 LLR 355 SUPREME COURT OF INDIA

 Conviction not necessary to be denied the status of protected workman. 2024 LLR 395 Karnataka High Court

 Payment of gratuity cannot be directed with reference to CLRA Act. 2024 LLR 400 Calcutta High Court

 No employee can claim leave of absence as a matter of right. 2024 LLR 405 Karnataka High Court

Findings of disciplinary enquiry can be challenged even after taking voluntary retirement. 2024 LLR 393 Bombay High Court

 Industrial Tribunal cannot deal with the matter of delay in payment of salary or increments. 2024 LLR 403 Madhya Pradesh High Court

No Exemption under the Cess Act by taking shelter of applicability of Factories Act. 2024 LLR 362 HIMACHAL PRADESH HIGH COURT

Even hearsay evidence can be considered in a domestic enquiry. 2024 LLR 406 Bombay High Court

Project engineer is not a 'workman' under Industrial Disputes Act. 2024 LLR 367 Karnataka High Court

ESI Authorities cannot initiate recovery without supplying the order determining the amount. 2024 LLR 371 Madhya Pradesh High Court.

EPF

Employer's visiting card is not a sufficient evidence to prove ' 'employer-employee' ' relationship. 2024 LLR 388 Delhi High Court

Trainees, not employed as apprentices or under standing orders, are employees under EPF Act. 2024 LLR 420 Karnataka High Court

Damages must be reduced for the society which was running under the loss of Rs.97 lakh. 2024 LLR 437 Delhi High Court

Order passed under sec. 14B and 7Q would be composite in the absence of separate notice or summons. 2024 LLR 457 Andhra Pradesh High Court

Recovery proceedings can be initiated only against the Managing Director as he is the employer. 2024 LLR 425 Delhi High Court

Tribunal can enlarge period of limitation under Rule 21 of EPFAT Rules on HC's direction. 2024 LLR 433 Calcutta High Court

Where the default was owing to delay of above 1000 days, fixing the damages at 25% is proper. 2024 LLR 437 Madras High Court

Writ Court cannot interfere with show cause notice issued by EPF Authorities. 2024 LLR 448 Delhi High Court

Initial burden is on union to prove that the employees had been engaged from the claimed dates. 2024 LLR 430 Kerala High Court.

Enquiry conducted by EPF Authority is deemed to be a judicial proceeding. 2024 LLR 448 Delhi High Court

Investing amounts in other entities managed by family members is no proof of unity of owner-ship. 2024 LLR 416 Madras High Court

EPF Authority is not precluded from initiating new proceedings for previously determined period. 2024 LLR 453 Gauhati High Court

Payment of PF dues in arrears can be allowed even in absence of such provision in EPF Act. 2024 LLR 463 Karnataka High Court

Trade Union cannot refuse to furnish details sought by employer. 2024 LLR 395 Karnataka High Court

Minimum wages cannot be claimed under section 33(C)(2) of the ID Act. 2024 LLR 384 Madras High Court

Employer is not required to submit alternative restructuring plan for closure of business. 2024 LLR 379 Calcutta High Court

Matter to be remitted to Labour Court when document was placed for first time before Higher Court. 2024 LLR 355 SUPREME COURT OF INDIA

FIR is not a substantial piece of evidence in Employees' Compensation proceedings. 2024 LLR 388 Delhi High Court

It is not necessary for the employer to prove commission of any misconduct in the past. 2024 LLR 406 Bombay High Court

Predetermination of damages/interest and conducting of hearing as mere formality is illegal. 2024 LLR 457 Andhra Pradesh High Cour

It would be open for establishments to approach HC for urgent orders in absence of Presiding Officer. 2024 LLR 442 Bombay High Court

Mere remittance of EPF dues does not create any ' 'employer-employee' ' relationship. 2024 LLR 465 Punjab & Haryana High Court

Exemption under EPF Act is not available when employer's rules are not more beneficial than the Act. 2024 LLR 453 Gauhati High Court

Damages can be reduced or waived off by reasoned order. 2024 LLR 437 Madras High Court

Provisions of section 14B and 7Q of the EPF Act are inevitable provisions. 2024 LLR 422 Kerala High 

Courtesy- Labour Law Reporter

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