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Labour Law Judgments at a Glance - October 2023

IMPORTANT JUDGEMENTS October 2023- Reported Judgments at Glance

Misappropriation by employees will merit loss of confidence. 2023 LLR 1108 DELHI HIGH COURT

Workman's right of regularization cannot be waived off if worked for 240 days.2023 LLR 1063 SUPREME COURT OF INDIA

Workman has the right to file a criminal complaint on non-implementation of an award. 2023 LLR 1069 PUNJAB AND HARYANA HIGH COURT

Employees of the same institution can be part of the Internal Complaint Committee. 2023 LLR 1100 CALCUTTA HIGH COURT

Quantum of punishment cannot be interfered with by the Tribunal without recording specific reasons. 2023 LLR 1108 DELHI HIGH COURT

Employer is under legal obligation to inform change in directors to all authorities. 2023 LLR 1069 PUNJAB AND HARYANA HIGH COURT

Basic wages' under the FPF Act can be split into exempted allowances. 2023 LLR 1138 SUPREME COURT OF INDIA

The gratuity authority cannot condone the delay in filing an appeal beyond 120 days. 2023 LLR 1086 MADRAS HIGH COURT

The director having resigned prior to the raising of the industrial dispute cannot be prosecuted. 2023 LLR 1169 ORISSA HIGH COURT

The Industrial adjudicator cannot enquire on questions not referred to it. 2023 LLR 1088 ORISSA HIGH COURT

Termination of a probationer, not suitable for duty, would be proper.2023 LLR 1127 DELHI HIGH COURT

Death due to long spells of driving a truck is attributable to an accident. 2023 LLR 1066 SUPREME COURT OF INDIA

Enquiry influenced by improper consideration would be improper. 2023 LLR 1108 DELHI HIGH COURT

Delay in raising dispute is to be considered by moulding relief. 2023 LLR 1075 JAMMU & KASHMIR HIGH COURT

Secretary of the Managing Committee of the school is an ''employer'' under the POSH Act. 2023 LLR 1100 CALCUTTA HIGH COURT

High Court cannot re appreciate and go into the adequacy of evidence. 2023 LLR 1108 DELHI HIGH COURT

Writing order of appointment on the date of termination confers no moksha from sec. 25F(b) of the ID Act. 2023 LLR 1075 JAMMU & KASHMIR HIGH COURT

Settlement, unless more beneficial for workers, cannot override certified standing orders. 2023 LLR 1063 SUPREME COURT OF INDIA

EPF.

No pre-deposit for appeal under section 14B. 2023 LLR 1162 MADRAS HIGH COURT

Recovery of EPF dues by the Authority without identification of beneficiaries is not proper. 2023 LLR 1165 MADRAS HIGH COURT

Order of EPF authority regarding imposition of interest under section 7-Q cannot be stayed. 2023 LLR 1153 MADHYA PRADESH HIGH COURT

EPF Tribunal can extend the limitation to a maximum of 120 days. 2023 LLR 1157 MADRAS HIGH COURT

Trainees, engaged under standing orders, are not employees under the EPF Act. 2023 LLR 1168 MADRAS HIGH COURT

The Tribunal can waive/reduce the pre-deposit amount under section 7-O. 2023 LLR 1162 MADRAS HIGH COURT

No appeal against the order passed under Section 7-Q. 2023 LLR 1171 PATNA HIGH COURT

Habitual defaulter of EPF contributions is not entitled to any relief. 2023 LLR 1165 MADRAS HIGH COURT

Coverage of an establishment with 9 employees and 14 trainees is not proper. 2023 LLR 1147 KERALA HIGH COURT

The chairman of the School receiving wages will be an employee under the EPF Act. 2023 LLR 1141 DELHI HIGH COURT

The registering Authority is empowered to refuse registration of the attached property. 2023 LLR 1154 MADRAS HIGH COURT

Writ before HC is maintainable when the Tribunal is not in functioning. 2023 LLR 1153 MADHYA PRADESH HIGH COURT

Section 14B does not contemplate reasons for the delay in the remittance of PF contributions. 2023 LLR 1172 MADRAS HIGH COURT

Coolies engaged in loading/unloading work would-be employees under the EPF Act. 2023 LLR 1150 KARNATAKA HIGH COURT

Writ court cannot accede to the request of PF authority if not acted diligently. 2023 LLR 1158 MADRAS HIGH COURT

EPF authority has to consider the amount deposited by the contractor with the principal employer. 2023 LLR 1140 ORISSA HIGH COURT

Damage levied under Section 14B is completely different from interest under section 7-Q. 2023 LLR 1172 MADRAS HIGH COURT

Burden is upon the principal employer to prove that the contractor was paying wages to employees. 2023 LLR 1141 DELHI HIGH COURT

 Labour cess, leviable on the supply of materials and consultancy charges, is distinct from civil works. 2023 LLR 1097 JHARKHAND HIGH COURT


Courtesy: Labour Law Reporter

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