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Labour Law Judgements at a glance March 2024

Criminal and disciplinary proceedings can continue simultaneously in separate forums. 2024 LLR 237 SUPREME COURT OF INDIA

Transfer between two same company owned establishments would not mean break in service for claiming gratuity. 2024 LLR 242 BOMBAY HIGH COURT

Trade unions cannot be recognized as a matter of right under the Trade Unions Act. 2024 LLR 291 KARNATAKA HIGH COURT

 Personal driver of a bank manager is not an employee of the Bank. 2024 LLR 249 DELHI HIGH COURT

 Workman cannot raise individual dispute for regularization. 2024 LLR 266 KARNATAKA HIGH COURT

Employer cannot impose any punishment other than the one recommended by the ICC. 2024 LLR 263 KERALA HIGH COURT

Issuing of charge sheet does not change the service conditions of an employee. 2024 LLR 276 HIMACHAL PRADESH HIGH COURT

Issuing garnishee order by the ESI Authorities without affording opportunity to be heard is improper. 2024 LLR 284 KARNATAKA HIGH COURT

Selecting employee for a lower post than the one advertised is unjustified. 2024 LLR 248 ORISSA HIGH COURT

Development Manager is not a 'workman' under the ID Act. 2024 LLR 255 BOMBAY HIGH COURT

Suspension order cannot be considered to be a punishment. 2024 LLR 276 HIMACHAL PRADESH HIGH COURT

Judicial Magistrate cannot take cognizance of offence in absence of sanction from the appropriate Government. 2024 LLR 273 CHHATTISGARH HIGH COURT

Calculating accident compensation on minimum wages is appropriate when deceased was paid per trip. 2024 LLR 282 MADHYA PRADESH HIGH COURT

Email-communication cannot be termed as a contract admitting better terms of gratuity. 2024 LLR 242 BOMBAY HIGH COURT

Refusal to refer dispute after 20 years delay is proper. 2024 LLR 261 HIMACHAL PRADESH HIGH COURT

ESI Court, under section 75 of the ESI Act, has superior and original jurisdiction to decide all questions. 2024 LLR 282 MADHYA PRADESH HIGH COURT

No discharge from departmental proceedings on acquittal from criminal case  2024 LLR 237 SUPREME COURT OF INDIA

No reinstatement can be granted by the Civil Court under the Specific Relief Act. 2024 LLR 269 PUNJAB & HARYANA HIGH COURT

EPF

It is not mandatory to impose 100% penalty under section 14B of the EPF Act.  2024 LLR 301 KERALA HIGH COURT

Mere delay in allotment of code number would not lead to imposition of interest and damages. 2024 LLR 306 BOMBAY HIGH COURT

Director not responsible for conduct of business cannot be summoned in criminal case. 2024 LLR 297 CALCUTTA HIGH COURT

Filing counter affidavit by the EPFO after 11 months of filing appeal before the Tribunal is un-warranted. 2024 LLR 303 BOMBAY HIGH COURT

EPF Authority can only reduce and not waive of damages altogether. 2024 LLR 294 MADRAS HIGH COURT

Persons who retired on attaining the age of superannuation, which is higher than 55 years, can-not be treated as ' 'excluded employees' '. 2024 LLR 317 KERALA HIGH COURT

 EPF Authority, who passed the order in adjudication, cannot challenge the order of the Tribunal. 2024 LLR 333 GUJARAT HIGH COURT

Setting aside of attachment order is proper during pendency of appeal. 2024 LLR 303 BOMBAY HIGH COURT

Timely deposit of contribution but delay in uploading the same by the EPF Authority is improper. 2024 LLR 309 ALLAHABAD HIGH COURT

Quashing criminal proceedings against employer pending since last 13 years for Rs.4,000 fine upon depositing Rs.11,000 with the Authorities is proper. 2024 LLR 321 PUNJAB AND HARYANA HIGH COURT

Principal employer should pay the PF dues to the contractual employees. 2024 LLR 323 MADRAS HIGH COURT

Assessment of damages and interest cannot be made for pre-discovery period. 2024 LLR 306 BOMBAY HIGH COURT

Section 14A of the EPF Act provides for vicarious liability. 2024 LLR 297 CALCUTTA HIGH COURT

Order that merely provides for mens rea but does not discuss reasons for delay in remit-tance and reduction of damages is liable to be set aside. 2024 LLR 343 KERALA HIGH COURT

Coercive action to be stayed when CGIT has no Presiding Officer and the Link Officer is not able to hold regular sitting. 2024 LLR 346 JHARKHAND HIGH COURT

Provisions of Limitation Act are not applicable over the EPF Act. 2024 LLR 305 MADHYA PRADESH HIGH COURT

Courtesy: Labour Law Reporter

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