IMPORTANT JUDGEMENTS Aug 2024- Reported Judgments at Glance
Employee's chat on private 'WhatsApp' group would not attract disciplinary enquiry. 2024 LLR 838 KERALA HIGH COURT
A person who handles administration work independently and provides completion reports is a supervisor. 2024 LLR 874 DELHI HIGH COURT
Disciplinary proceedings cannot continue beyond the age of superannuation. 2024 LLR 847 CALCUTTA HIGH COURT
Provisions of the PoSH Act and Rules providing for appeal are not ultra vires to each other. 2024 LLR 860 TELANGANA HIGH COURT
A trainee, not being an apprentice, is an employee for the purposes of claiming gratuity. 2024 LLR 831 CALCUTTA HIGH COURT
Relocation of office will not require the management to give notice of change of conditions of service. 2024 LLR 851 MADRAS HIGH COURT
An employee cannot be deprived of leave encashment which is akin to salary. 2024 LLR 885 BOMBAY HIGH COURT
Working for a long period on contract basis does not create a right to be appointed on regular basis. 2024 LLR 835 CALCUTTA HIGH COURT
Providing separate hearing to the employee on proposed punishment is not mandatory. 2024 LLR 838 KERALA HIGH COURT
Accounts Executive is not a 'workman' under section 2(s) of ID Act. 2024 LLR 869 TELANGANA HIGH COURT
Differing opinions of the disciplinary authority and enquiry officer will lead to vitiation of enquiry. 2024 LLR 847 CALCUTTA HIGH COURT
Employee is entitled to raise an industrial dispute before the Courts at the place of his transfer alone. 2024 LLR 869 TELANGANA HIGH COURT
Violation of the provisions of CLRA Act would lead to penal consequences and not regularization. 2024 LLR 841 JHARKHAND HIGH COURT
Mere tendering of apology by employee does mean that he has admitted the charges. 2024 LLR 838 KERALA HIGH COURT
Intentional murder of person in course of employment would not entitle him to accident compensation. 2024 LLR 862 JAMMU & KASHMIR AND LADAKH HIGH COURT
Plea of abandonment of services cannot be taken when workman expressed willingness to work. 2024 LLR 827 DELHI HIGH COURT
Absorption after completion of training would not lead to break in service for payment of gratuity. 2024 LLR 831 CALCUTTA HIGH COURT
Parties cannot approach the High Court against an order of the Compensation Commissioner. 2024 LLR 856 DELHI HIGH COURT
EPF
High Court can stay recovery of interest amount subject to deposit of some amount. 2024 LLR 906 MADHYA PRADESH HIGH COURT
Assessing Officer cannot reject the report submitted by the EO in the absence of documents to the contrary. 2024 LLR 907 JHARKHAND HIGH COURT
Plea that only the Board of Trustees is empowered to reduce damages and not the CGIT is incorrect. 2024 LLR 896 HIMACHAL PRADESH HIGH COURT
Financial position of the establishment cannot be linked to delay in making PF contributions. 2024 LLR 899 TELANGANA HIGH COURT
Clubbing of companies is proper when one of them is a 100% owned subsidiary of the other. 2024 LLR 925 PUNJAB AND HARYANA HIGH COURT
No relief in terms of damages imposed in the absence of breach of employer's fundamental right. 2024 LLR 899 TELANGANA HIGH COURT
Tribunal cannot direct the employer to pre-deposit any part of the determined damages at the time of appeal.2024 LLR 910 KARNATAKA HIGH COURT
APFC cannot alter the liability period without issuing Show Cause Notice for such period. 2024 LLR 896 HIMACHAL PRADESH HIGH COURT
Mess run by orphanage cannot be excluded from the ambit of the EPF Act. 2024 LLR 892 DELHI HIGH COURT
Unless there is a deduction made by an employer, he cannot be prosecuted for criminal breach of trust. 2024 LLR 912 KARNATAKA HIGH COURT
Show cause notice for recovery of dues cannot be assailed when section 7A order was not challenged initially. 2024 LLR 936 DELHI HIGH COURT
HC can order for defreezing of defaulting establishment's bank account for payment of employees' salaries. 2024 LLR 934 TELANGANA HIGH COURT
Trainees being paid wages, and not stipend, are employees' under the EPF Act. 2024 LLR 904 KARNATAKA HIGH COURT
President and Secretary of the establishment cannot be taken as employees under the EPF Act. 2024 LLR 907 JHARKHAND HIGH COURT
Limitation is to be calculated from the date of knowledge of the order when the EPFO failed to share the same. 2024 LLR 916 KERALA HIGH COURT
Employer cannot object to certain allowances being considered as basic wages at a later stage. 2024 LLR 923 MADRAS HIGH COURT
Secretary and founder trustee of a trust are not employers under the EPF Act. 2024 LLR 912 KARNATAKA HIGH COURT
Employer is entitled to submit representation before the EPF authority for defreezing bank account. 2024 LLR 934 TELANGANA HIGH COURT
Courtesy: Labour Law Reporter.
