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Labour Law Judgements at a glance January 2024

IMPORTANT JUDGEMENTS January 2024- Reported Judgments at Glance

Retrenchment compensation must be paid if the establishment is not closed due to unavoidable circumstances 2024 LLR WEB 1 JAMMU & KASHMIR AND LADAKH HIGH COURT

Offices of Chartered Accountants do not fall within the meaning of the ESI Act 2024 LLR WEB 2 GUJARAT HIGH COURT

Payment of Wages Act is applicable only when employee-employer relationship is established. 2024 LLR WEB 3 JAMMU & KASHMIR AND LADAKH HIGH COURT

No appeal would lie against an order of the Compensation Commissioner unless a substantial question of law is involved. 2024 LLR WEB 4 JAMMU & KASHMIR AND LADAKH HIGH COURT

Employees insured with ESIC can even avail the benefits of a private in emergent condition 2024 LLR WEB 5 KERALA HIGH COURT

Principal employer is not bound to pay any differential salary/wages to contractual workers under rule 25(2)(v)(a) of the CLRA Rules, 1971 2024 LLR WEB 6 CALCUTTA HIGH COURT

There would be no employer-employee relationship between the principal employer and the contractor even in the absence of registration certificate and license 2024 LLR WEB 7 DELHI HIGH COURT

A person temporarily hired under an agreement would be entitled to accident compensation under the Employees' Compensation Act, 1923 2024 LLR WEB 8 DELHI HIGH COURT

Reduction of the quantum of punishment by the Labour Court when enquiry was properly conducted would amount to misplaced sympathy 2024 LLR WEB 9 MADRAS HIGH COURT

Claim under section 33(C)(2) of the ID Act, if arisen out of established service conditions, would be maintainable even without prior adjudication 2024 LLR WEB 10 DELHI HIGH COURT

Employee cannot be deprived of gratuity until the criminal proceedings culminate into conviction for "offence"2024 LLR WEB 11 DELHI HIGH COURT

Heart Attack at work will not entitle compensation until attributable by stress and strain during course of Employment 2024 LLR WEB 12 ANDHRA PRADESH HIGH COURT

Mere affidavit is not sufficient to prove that the employee had worked for 240 days 2024 LLR WEB 13 PUNJAB AND HARYANA HIGH COURT

Non issuance of notice under S.25F will not lead to reinstatement with back wages. 2024 LLR 1 SUPREME COURT OF INDIA

 Claim for change in date of birth at the fag end of service is not maintainable 2024 LLR 13 JHARKHAND HIGH COURT

 Complaint of forced resignation after a month will be an afterthought. 2024 LLR 9 MADHYA PRADESH HIGH COURT

 No determination of gratuity in the absence of employer-employee relationship. 2024 LLR 21 CALCUTTA HIGH COURT

 Departmental appeal cannot be availed under the POSH Act. 2024 LLR 28 MADHYA PRADESH HIGH COURT

Compensation on death is payable even when accident is due to influence of alcohol/drugs. 2024 LLR 15 HIMACHAL PRADESH HIGH COURT

No absorption of contractual workers when canteen is run by private contractors. 2024 LLR 32 GAUHATI HIGH COURT

Labour Cess is not leviable on supply of materials and consultancy charges. 2024 LLR 6 JHARKHAND HIGH COURT

No reinstatement on wrongful termination if dispute is raised belatedly after 20 years. 2024 LLR 44 PUNJAB AND HARYANA HIGH COURT

Principal employer is liable to pay wages to contractual workers if not paid by the contractor. 2024 LLR 51 DELHI HIGH COURT

Writ Court cannot adjudicate upon the validity of settlement after its unconditional acceptance. 2024 LLR 41 MADRAS HIGH COURT

No appeal before Registrar unless registration of trade union is cancelled or withdrawn.2024 LLR 37 RAJASTHAN HIGH COURT

Reinstatement of a workman who took unauthorized absence due to depression is proper.2024 LLR 19 KARNATAKA HIGH COURT

Complaint under S.33-A is unsustainable when approval is pending and wages have been paid.2024 LLR 1GUJARAT HIGH COURT

Appropriate Government has no power of adjudication on the claim of workman.2024 LLR 13 JHARKHAND HIGH COURT

Complaint to the Local Committee after a lapse of three months is not maintainable if limit is not extended.2024 LLR 28 MADHYA PRADESH HIGH COURT

Granting reinstatement to a daily-wager is improper. 2024 LLR 46 RAJASTHAN HIGH COURT

Relief relating to the same subject matter cannot be sought in two forums. 2024 LLR 37 RAJASTHAN HIGH COURT

Clubbing of institutes merely because they were controlled by the same management is improper. 2024 LLR 58 SUPREME COURT OF INDIA

Lengthy inquiries for 5 to 20 years, without evidence, are legally untenable. 2024 LLR 109 TELANGANA HIGH COURT

EPF

Damages and interest cannot be clubbed together for calculating penal damages. 2024 LLR 84 KARNATAKA HIGH COURT

EPF Authority is bound to identify and ascertain the correct number of beneficiaries. 2024 LLR 66 KERALA HIGH COURT

The EPF Authority is under legal obligation to record evidence of all parties. 2024 LLR 98 UTTARAKHAND HIGH COURT

Daily order sheets with signature of Assessing Officer to be supplied after S.7A hearings. 2024 LLR 109 TELANGANA HIGH COURT

Parent Teacher Association is not an educational institution under the EPF Act. 2024 LLR 76 KERALA HIGH COURT

 An appeal against demand notice issued by the EPF Authority is not maintainable. 2024 LLR 64 BOMBAY HIGH COURT

Prosecution of employer for not submitting the mandatory form 19 is proper. 2024 LLR 90 KERALA HIGH COURT

Damages cannot exceed the amount at arrears specified in the EPF Scheme. 2024 LLR 81 MADRAS HIGH COURT

Principal employer is liable to enroll contractor's workers if the Contractor does not have PF code number. 2024 LLR 71 TELANGANA HIGH COURT

Granting additional time beyond limitation for filing appeal is proper if S.14B order was never served. 2024 LLR 88 JHARKHAND HIGH COURT

Payment of EPF dues in arrears owing to huge losses is proper. 2024 LLR 95 MADRAS HIGH COURT

Wage register is an admissible proof for ascertaining number of employees. 2024 LLR 76 KERALA HIGH COURT

Scope of enquiry cannot be extended beyond the fact in issue. 2024 LLR 109 TELANGANA HIGH COURT

EPF Authority cannot impose interest less than 12% under Section 7Q of the Act. 2024 LLR 67 ALLAHABAD HIGH COURT

No penal action/revocation of exemption due to mere acquisition of shares in a company by another entity. 2024 LLR 92 KARNATAKA HIGH COURT

The Tribunal can consider additional evidence produced by the parties. 2024 LLR 86 TELANGANA HIGH COURT

Courtesy Labour Law Reporter

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