IMPORTANT JUDGEMENTS December 2023- Reported Judgments at Glance
· Attendance and medical allowances are part of wages under the ID Act. 2023 LLR 1318MADRAS HIGH COURT
· Consuming alcohol and misbehaving with passengers on duty are misconducts. 2023 LLR 1312 KARNATAKA HIGH COURT
· Maternity benefits can be extended beyond contractual term. 2023 LLR 1299 SUPREME COURT OF INDIA
· Extension of probation beyond one year against certified standing orders is non-est. 2023 LLR 1320 PUNJAB AND HARYANA HIGH COURT
· ESI authority must give a reasonable opportunity to be heard before passing an order. 2023 LLR 1327 BOMBAY HIGH COURT
· Monetary compensation in lieu of reinstatement cannot be challenged in the writ court. 2023 LLR 1310 DELHI HIGH COURT
· Mere availability of work is not evidence of illegal termination. 2023 LLR 1315 GUJARAT HIGH COURT
· Back wages are not automatic on reinstatement. 2023 LLR 1304 SUPREME COURT OF INDIA
· Temporary employee cannot remain absent for a long period even on medical grounds. 2023 LLR 1323 BOMBAY HIGH COURT
· Industrial Tribunal cannot modify minor penalties after affirming the misconduct. 2023 LLR 1312 KARNATAKA HIGH COURT
· Order against the Chairman without impleading the company is not sustainable. 2023 LLR 1307 JHARKHAND HIGH COURT
· Escaping from gainful employment for 13 years is not possible. 2023 LLR 1304 SUPREME COURT OF INDIA
· No adverse inference on non-production of documents if not sought for relevant period. 2023 LLR 1315 GUJARAT HIGH COURT
· Orders of dismissal and forfeiture of gratuity need to be passed separately. 2023 LLR 1314 TELANGANA HIGH COURT
· Maternity benefits cannot be withheld on post-delivery demise. 2023 LLR 1299 SUPREME COURT OF INDIA
· Non-payment of wages on dismissal is unsustainable. 2023 LLR 1318 MADRAS HIGH COURT
· Period of sickness is to be ignored for calculating continuous service. 2023 LLR 1323 BOMBAY HIGH COURT
· Non-display of minimum wages extract at workplace is a criminal offence. 2023 LLR 1307 JHARKHAND HIGH COURT
EPF
· Principal employer is not liable to pay EPF contributions for volunteers not on its rolls.2023 LLR 1352 KERALA HIGH COURT
· Employer cannot challenge allotment of PF Code at a belated stage 2023 LLR 1348 CALCUTTA HIGH COURT
· Issuance of inspection notice without conducting enquiry is unsustainable. 2023 LLR 1342 MADRAS HIGH COURT
· EPF Authority cannot pass an interim order imposing financial liability. 2023 LLR 1346 KERALA HIGH COURT
· Orders passed under sections 8(F) and 11(2) cannot be challenged before the Tribunal. 2023 LLR 1334 SUPREME COURT OF INDIA
· Mechanical order without manifest reasons for damages is to be set aside. 2023 LLR 1338 CALCUTTA HIGH COURT
· Functional integrity for clubbing establishments depends on the documents produced. 2023 LLR 1340 KERALA HIGH COURT
· Delay in deposit cannot be the sole factor for levy of damages. 2023 LLR 1338 CALCUTTA HIGH COURT
· Action by Authority under Sections 7Q and 14B cannot be equated with a bonafide mistake. 2023 LLR 1355 KERALA HIGH COURT
· Order of Tribunal without considering necessary documents is liable to be remanded. 2023 LLR 1340 KERALA HIGH COURT
· High Court cannot exercise jurisdiction over CGIT located in another State. 2023 LLR 1344 DELHI HIGH COURT
· Trainees are not 'employees' under the EPF Act. 2023 LLR 1343 ALLAHABAD HIGH COURT
· No fresh proceedings under section 7A if the matter had attained finality.2023 LLR 1343 ALLAHABAD HIGH COURT
· Question of delay in filing an appeal is to be decided before merits. 2023 LLR 1354 MADRAS HIGH COURT
· Levy of damages for delay is not mandatory. 2023 LLR 1338 CALCUTTA HIGH COURT
· Order passed by EPF Authority without jurisdiction is unsustainable. 2023 LLR 1346 KERALA HIGH COURT
· Challenge to show cause notice by filing a writ petition is not maintainable. 2023 LLR 1350 ANDHRA PRADESH HIGH COURT
· Complaints for criminal proceedings must be filed within a reasonable period. 2023 LLR 1358 JHARKHAND HIGH COURT
· Writ jurisdiction is not limited only for enforcement of fundamental rights. 2023 LLR 1334 SUPREME COURT OF INDIA
Courtesy Labour Law Reporter
