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Labour Law Judgments at a Glance - November 2023

IMPORTANT JUDGEMENTS November 2023- Reported Judgments at Glance

Back wages on reinstatement of a workman is not a rule of thumb.2023 LLR 1236 DELHI HIGH COURT

Transfer of an employee is an incident of service. 2023 LLR 1216 DELHI HIGH COURT

Payment of Bonus (Amendment) Act, 2015 can be applied retrospectively. 2023 LLR 1202 PATNA HIGH COURT

Forcibly signing on attendance sheet and assaulting officer are misconducts. 2023 LLR 1191JHARKHAND HIGH COURT

Labour Court's Award cannot be challenged under Article 226. 2023 LLR 1184 JAMMU & KASHMIR HIGH COURT

Advocates cannot represent parties before Labour Courts/Tribunals as a matter of right. 2023 LLR 1181 SUPREME COURT OF INDIA

Taking lenient view by the Labour Court could amount to misplaced sympathy. 2023 LLR 1209 HIMACHAL PRADESH HIGH COURT

Non-supply of enquiry report with show cause notice is invalid. 2023 LLR 1230 ALLAHABAD HIGH COURT

Four-year belated award can't be challenged. 2023 LLR 1236 DELHI HIGH COURT

Acquittal of employee does not debar the employer from conducting enquiry. 2023 LLR 1191 JHARKHAND HIGH COURT

An enforceable award is not necessarily binding. 2023 LLR 1206 ORISSA HIGH COURT

Regularization cannot be claimed as a matter of right by a worker. 2023 LLR 1222 DELHI HIGH COURT

Order of reinstatement even after fair enquiry is improper. 2023 LLR 1191 JHARKHAND HIGH COURT

Piece-meal workers are also workmen under the ID Act. 2023 LLR 1184 JAMMU & KASHMIR HIGH COURT

Suing in respect of omitted claim is not allowed afterwards. 2023 LLR 1236 DELHI HIGH COURT

Labour Court ought not to interfere with penalty for forged documents imposed on workmen. 2023 LLR 1209 HIMACHAL PRADESH HIGH COURT

Situs of employment is relevant for raising disputes. 2023 LLR 1216 DELHI HIGH COURT

Adjudicator can entertain an ex parte award even after 30 days post-publication. 2023 LLR 1206 ORISSA HIGH COURT

Dismissal of a workman is not incidental to the proceedings under Section 33-C (2) of Industrial Disputes Act. 2023 LLR 1249 JAMMU AND KASHMIR HIGH COURT

Assessing contributions for unidentified employees is untenable. 2023 LLR 1271 HIMACHAL PRADESH HIGH COURT

Denial of opportunity for cross-examination of the Enforcement Officer is illegal.2023 LLR 1284 MADRAS HIGH COURT

Clubbing of units of two different owners is invalid.  2023 LLR 1278 KARNATAKA HIGH COURT

EPF deposit can be affected only on a date following the national holiday. 2023 LLR 1269 DELHI HIGH COURT

The actual employer is to be summoned during 7A proceedings. 2023 LLR 1288 ORISSA HIGH COURT

No EPF liability without determining employer-employee relationship. 2023 LLR 1271 HIMACHAL PRADESH HIGH COURT

Principal/Vice Principal, not drawing any wages, are not employees under the EPF Act. 2023 LLR 1256 BOMBAY HIGH COURT

Prescribed imposition of penalty is not necessary. 2023 LLR 1282 MADRAS HIGH COURT

An ex parte award not based on facts is illegal. 2023 LLR 1287 MADRAS HIGH COURT

Instalments are to be allowed on the demise of the proprietor and financial crisis 2023 LLR 1274 JHARKHAND HIGH COURT

Order by Tribunal without territorial jurisdiction is unsustainable. 2023 LLR 1262 CHHATTISGARH HIGH COURT

Belated deposit of damages can be reduced when not deliberate. 2023 LLR 1282 MADRAS HIGH COURT

PF Authority's order neglecting employer's grievance is unsustainable. 2023 LLR 1288 ORISSA HIGH COURT

Drivers of buses hired through contractors will be covered under the EPF Act. 2023 LLR 1256 BOMBAY HIGH COURT

 Exemption is permissible only to already covered establishments. 2023 LLR 1258 CALCUTTA HIGH COURT

No limitation in imposing damages and interest for delayed deposit of PF dues. 2023 LLR 1296 TELANGANA HIGH COURT

Judicial review permissible only against decision making process and not the decision. 2023 LLR 1258 CALCUTTA HIGH COURT

Failure to remit instalments timely will merit coercive action. 2023 LLR 1274 JHARKHAND HIGH COURT

Press release as an advisory on a policy decision not binding.2023 LLR 1263 DELHI HIGH COURT

Courtesy Labour Law Reporter

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