IMPORTANT JUDGEMENTS July 2024- Reported Judgments at Glance
Workman cannot be transferred to a place which did not exist at the time of appointment in the absence of such clause. 2024 LLR 748 PUNJAB AND HARYANA HIGH COURT
Contract for housekeeping services would not establish principal employer - contractor relationship. 2024 LLR 758 KERALA HIGH COURT
No cess can be levied on supply or consultancy components. 2024 LLR 737 JHARKHAND HIGH COURT
Mere absence of power to appoint or dismiss is not the sole criteria to determine if a person is a 'workman'. 2024 LLR 714 SUPREME COURT OF INDIA
Employees cannot be denied compensation for getting treatment from the hospital of their own choice. 2024 LLR 740 KERALA HIGH COURT
Principal employer and workman can enter into agreement for payment of minimum bonus @8.33%. 2024 LLR 753 ORISSA HIGH COURT
Labour Commissioner cannot direct the employer to pay minimum wages. 2024 LLR 758 KERALA HIGH COURT
Threat of withholding promotion in itself does not constitute sexual harassment. 2024 LLR 742 CALCUTTA HIGH COURT
Workman has no right to cross examine Enquiry Officer when the enquiry was held to be fair and proper. 2024 LLR 726 BOMBAY HIGH COURT
Maximum penalty for belated payment of wages cannot be imposed when claim was made after 8 years. 2024 LLR 755 ALLAHABAD HIGH COURT
Proportionality of penalty would not be taken into consideration when the misconduct was grave. 2024 LLR 726 BOMBAY HIGH COURT
Educational institutions are not liable to pay statutory bonus. 2024 LLR 753 ORISSA HIGH COURT
Requirement of workmen needs to be shown before transferring them to another unit. 2024 LLR 748 PUNJAB AND HARYANA HIGH COURT
Employee's claim that resignation was not of his free will would not mean that it was forced. 2024 LLR 714 SUPREME COURT OF INDIA
Assaulting and exhaling smoke on superior's face are grave misconducts justifying dismissal. 2024 LLR 726 BOMBAY HIGH COURT
Executive Secretary is not a 'workman' under the ID Act. 2024 LLR 733 KARNATAKA HIGH COURT
The Internal Committee should accept the allegations made in the complaint at their face value. 2024 LLR 742 CALCUTTA HIGH COURT
Municipalities are covered under the definition of 'factory' under the ESI Act. 2024 LLR 709 SUPREME COURT OF INDIA
EPF
Employer and employee can arrive at settlements in respect of matters relating to Provident Fund.2024 LLR 807 KERALA HIGH COURT
Interest computed under S.7Q can be challenged in appeal and will be dealt in a summary manner. 2024 LLR 764 DELHI HIGH COURT
Amount in lieu of wages and paid in terms of agreement would not constitute 'wages' under the EPF Act. 2024 LLR 782 KERALA HIGH COURT
Order passed by EPF Authority without conducting deep inquiry is not sustainable. 2024 LLR 809 PUNJAB AND HARYANA HIGH COURT
Tribunal can stay recovery of dues on any condition as it deems fit. 2024 LLR 785 MADHYA PRADESH HIGH COURT
Any order in respect of review application without hearing the parties concerned is not sustainable. 2024 LLR 775 ALLAHABAD HIGH COURT
Recovery Officer has to amend recovery certificate when outstanding demand has been reduced in appeal. 2024 LLR 764 DELHI HIGH COURT
Employer cannot claim relief from damages on ground of delay in realization of amounts paid by cheques. 2024 LLR 789 KERALA HIGH COURT
Even contractual employees engaged by principal employer indirectly are entitled to PF benefits. 2024 LLR 815 DELHI HIGH COURT
Mere common ownership is not enough to prove functional integrality when both establishments can function independently. 2024 LLR 794 ANDHRA PRADESH HIGH COURT
Order passed by EPF Authority without examining the Enforcement Officer is not sustainable. 2024 LLR 809 PUNJAB AND HARYANA HIGH COURT
Tribunal is justified in not extending limitation period when appeal was filed belatedly due to wrong advice. 2024 LLR 779 ANDHRA PRADESH HIGH COURT
No attachment of bank account without leave of the CGIT when appeal was pending before it. 2024 LLR 773 BOMBAY HIGH COURT
Recovery proceedings can be initiated against Director who used company's money even after resigning. 2024 LLR 800 DELHI HIGH COURT
EPF Authority has to consider employer's case on merits before imposing damages and interests. 2024 LLR 773 BOMBAY HIGH COURT
It is for the employer to prove that drivers were employed on per day basis and are not entitled to PF dues. 2024 LLR 815 DELHI HIGH COURT
Submission of monthly returns beyond the date of their submission is punishable under the EPF Act. 2024 LLR 822 CALCUTTA HIGH COURT
Section 7A proceedings would be quashed when there was an unreasonable delay in initiating the same. 2024 LLR 789 KERALA HIGH COURT
Courtesy Labour Law Reporter.
