IMPORTANT JUDGEMENTS February 2024- Reported Judgments at Glance
Failure to avail remedy against transfer order would imply its acceptance. 2024 LLR 119 SUPREME COURT OF INDIA
In the absence of any inbuilt mechanism for payment of wages pending proceedings in higher courts, the employee can approach the labour Court under section 33-C(2) for computation of her entitlement 2024 LLR WEB 44 ORISSA HIGH COURT
Trust's employees cannot be brought under the ambit of the ESI Act merely because their salary is maintained together with employees of a covered establishment 2024 LLR WEB 45 BOMBAY HIGH COURT
Food supervisor of a hospital is a 'workman' under the Industrial Disputes Act 2024 LLR WEB 46 BOMBAY HIGH COURT
Grant of exemption under the ESI Act cannot be denied without assigning any reason 2024 LLR WEB 47 GUJARAT HIGH COURT
It is the statutory right of every workman to avail the benefit of the Settlement irrespective of whether he/she is member of recognized Union or not 2024 LLR WEB 48 BOMBAY HIGH COURT
When Labour Court finds that even though the enquiry was consistent with the rules of natural justice but the punishment was disproportionate to the misconduct, then it will have the discretion not to award full back wages 2024 LLR WEB 49 CALCUTTA HIGH COURT
Relief of regularization is proper where the employer has indulged in an unfair labour practice by continuing to employ workers on temporary posts and not filling up permanent posts 2024 LLR WEB 51 GUJARAT HIGH COURT
Artisans employed directly by the employer for work of establishment fall under category of employee 2024 LLR WEB 53 CALCUTTA HIGH COURT
No Exemption under the Cess Act by taking shelter of applicability of Factories Act, 1948 2024 LLR WEB 54 HIMACHAL PRADESH HIGH COURT
Notification revising minimum wage rates by adding just 10% over the earlier rates is arbitrary. 2024 LLR 172 KARNATAKA HIGH COURT
Past record is relevant while imposing punishment. 2024 LLR 138 MADRAS HIGH COURT
Second Maternity Leave can be claimed within two years from First Maternity Leave. 2024 LLR 126 ALLAHABAD HIGH COURT
No accident compensation when vehicle was partly owned by both parties. 2024 LLR 140 DELHI HIGH COURT
Pushing co-worker causing multiple injuries is a grave misconduct justifying dismissal. 2024 LLR 147 BOMBAY HIGH COURT
Issuance of chargesheet cannot be challenged in Writ Petition. 2024 LLR 166 RAJASTHAN HIGH COURT
Workman who questioned termination before Labour Court is not eligible for gratuity. 2024 LLR 161 KARNATAKA HIGH COURT
Workman terminated by contractor cannot move against the principal employer. 2024 LLR 154 MADRAS HIGH COURT
Certificate of Pvt Doctor after 3 years of accident is not admissible for granting compensation. 2024 LLR 169 GAUHATI HIGH COURT
Occupier and manager are not responsible for accident if safety equipment was provided. 2024 LLR 163 JHARKHAND HIGH COURT
No relief under section 17B when workman was gainfully employed. 2024 LLR 142 DELHI HIGH COURT
Appropriate Govt. should prevent filing of frivolous unfair labour practice complaints. 2024 LLR 132 CALCUTTA HIGH COURT
Order of ESI Authority without recording name and place of employees is illegal. 2024 LLR 129 PUNJAB AND HARYANA HIGH COURT
National Lok Adalat cannot transfer disputes from Labour Court. 2024 LLR 159 HIMACHAL PRADESH HIGH COURT
No severance of master-servant relation on non-payment of subsistence allowance during suspension. 2024 LLR 119 SUPREME COURT OF INDIA
New claims of overtime cannot be taken after commencement of evidence. 2024 LLR 124 MADHYA PRADESH HIGH COURT
Central Govt. has the power of bringing establishments within purview of the EPF Act.2024 LLR 176 SUPREME COURT OF INDIA
When injury was not covered by Schedule- I, the workman is required to prove the loss of earning capacity in reference to the nature of work which he was capable of doing at the time of the accident 2024 LLR WEB 50 GAUHATI HIGH COURT
Controlling Authority might accept application on sufficient cause being shown by the applicant after the expiry of the specified period 2024 LLR WEB 52 KARNATAKA HIGH COURT
Entitlement of gratuity could not be reduced below prescribed ceiling limit 2024 LLR WEB 55TRIPURA HIGH COURT
Denial of death benefits cannot be denied merely on the basis of delay in payment of amount due to death 2024 LLR WEB 56 DELHI HIGH COURT
Maintenance supervisor of a school is not a 'workman' under the ID Act. 2024 LLR 131MADRAS HIGH COURT
There cannot be any automatic cancellation or termination of the exemption granted. 2024 LLR 228 CALCUTTA HIGH COURT
Show cause notice without supporting documents is not tenable. 2024 LLR 223 CALCUTTA HIGH COURT
The judgment of Air India with prospective effect applies only to such directions issued by any court for absorption of contract labours where such a direction has been given effect to and has become final 2024 LLR WEB 57 JHARKHAND HIGH COURT
There is no need to indicate the performance of the probationers in their termination letter 2024 LLR WEB 58 MADRAS HIGH COURT
EPF
Leave encashment is excluded from 'basic wages' under the EPF Act. 2024 LLR 193 PUNJAB AND HARYANA HIGH COURT
Condonation of delay is proper if appeal was filed before wrong authority on RPFC''s direction. 2024 LLR 181 KERALA HIGH COURT
Excess amount is adjustable against future payments of EPF contributions. 2024 LLR 196 GUJARAT HIGH COURT
Show cause notice for a demand already paid is unsustainable. 2024 LLR 212 KERALA HIGH COURT
Maximum amount of damages cannot exceed the sum due under section 14B. 2024 LLR 223 CALCUTTA HIGH COURT
Interest under section 7Q is not for the PF trust or the PF authority. 2024 LLR 196 GUJARAT HIGH COURT
Canteen allowance is a part of 'basic wages' under the EPF Act 2024 LLR 184 DELHI HIGH COURT
Payment of assessed amount under protest does not debar employer from filing appeal. 2024 LLR 206 PUNJAB AND HARYANA HIGH COURT
The EPF Act places a cap on the imposable rate of interest under section 7Q. 2024 LLR 218 KARNATAKA HIGH COURT
It is obligatory to disclose APFC''s report during determination under section 7A. 2024 LLR 223 CALCUTTA HIGH COURT
EPF Act can be applied even to factories not engaged in Schedule I industries. 2024 LLR 176 SUPREME COURT OF INDIA
Section 7A order without impleading necessary parties despite requests is improper. 2024 LLR 179 ANDHRA PRADESH HIGH COURTRAS HIGH COURT
Mere opportunity of hearing is not sufficient to uphold finding against employer. 2024 LLR 206 PUNJAB AND HARYANA HIGH COURT
Mass exodus of employees from covered establishment will not take it out of coverage. 2024 LLR 200 GAUHATI HIGH COURT
Casual employees are liable to be paid EPF contributions. 2024 LLR 214 ORISSA HIGH COURT
Courtesy- Labour Law Reporter
