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Labour Law Judgments at a Glance October 2024

IMPORTANT JUDGEMENTS October 2024- Reported Judgments at Glance

Termination in exercise of contractual right is not per se dismissal or removal. 2024 LLR 1066 SUPREME COURT OF INDIA

Provisions of Maternity Benefit Act would be attracted even if the woman was on probation.2024 LLR 1113 HIMACHAL PRADESH HIGH COURT

Workman cannot challenge termination before the Civil Court and the Labour Court parallelly 2024 LLR 1107 GUJARAT HIGH COURT

Tribunal cannot reduce punishment merely on the basis of the family background of the delinquent. 2024 LLR 1119 MADRAS HIGH COURT

Principal employer cannot be held liable for payment of wages without first fastening liability upon the contractor. 2024 LLR 1087 JAMMU & KASHMIR AND LADAKH HIGH COURT

No violation of natural justice when both sides were allowed to engage lawyers in the enquiry. 2024 LLR 1078 KERALA HIGH COURT

 Application under section 33C(2) of the ID Act can be made for claiming bonus. 2024 LLR 1073 DELHI HIGH COURT

 Territorial jurisdiction will be at the last working place even if termination was served in some other place 2024 LLR 1096 ALLAHABAD HIGH COURT

 A works contract for construction of road is not a contract for supply of labour under the CLRA Act. 2024 LLR 1087 JAMMU & KASHMIR AND LADAKH HIGH COURT

Police can take action against the striking workers in case functioning of the factory is hampered. 2024 LLR 1100 MADRAS HIGH COURT

Scope of reference cannot be sought to be amended by the workers. 2024 LLR 1081 GUJARAT HIGH COURT

Order passed by the ESI authorities without serving any notice to the establishment would be set aside. 2024 LLR 1116 ORISSA HIGH COURT

The party who accepts payment under full and final settlement is not entitled to challenge it. 2024 LLR 1102 KARNATAKA HIGH COURT

Employer cannot be made liable for breach of settlement in the absence of any such settlement. 2024 LLR 1063 SUPREME COURT OF INDIA

Dismissal to be set aside when disciplinary authority didn''t give disagreement notice with the enquiry officer. 2024 LLR 1110 RAJASTHAN HIGH COURT

Workman cannot be reinstated in an establishment which has been closed for 22 years. 2024 LLR 1090 MADRAS HIGH COURT

Court can go behind the termination order to determine if it is stigmatic. 2024 LLR 1066 SUPREME COURT OF INDIA

Compensation paid by employer on direction of the Court cannot be refunded even if award is set aside. 2024 LLR 1102 KARNATAKA HIGH COURT

EPF

EPF Authority is bound to consider the contention that gross salary of employees is above ceiling limit. 2024 LLR 1156 KARNATAKA HIGH COURT

EPF will be liable to be remitted on holiday wages made to the employees. 2024 LLR 1144 KERALA HIGH COURT

Appeal cannot be entertained unless the amount determined under section 7-Q is deposited. 2024 LLR 1142 BOMBAY HIGH COURT

EPF Authorities can recover entire amount if the employer fails to pay any one installment. 2024 LLR 1159 MADRAS HIGH COURT

EO's report will be accepted when the employer did not discredit it even after sufficient opportunity. 2024 LLR 1144 KERALA HIGH COURT

 Reducing damages imposed on a non-profit trust, when entire amount had already been paid, is proper. 2024 LLR 1165 KARNATAKA HIGH COURT

High Court can restore appeal before the Tribunal when it was dismissed in default. 2024 LLR 1154 TELANGANA HIGH COURT

EPF Authorities to not initiate coercive action when appeal is pending before the vacant CGIT. 2024 LLR 1158 KERALA HIGH COURT

Interest will have to be paid when employer fails to send claim application of the leaving employee. 2024 LLR 1151ALLAHABAD HIGH COURT

 High Court can permit filing of appeal after maximum limitation when summons were not served. 2024 LLR 1142 BOMBAY HIGH COURT

Attendance allowance and performance allowance are excluded from ''basic wages'' under the EPF Act 2024 LLR 1156 KARNATAKA HIGH COURT

 Mere common ownership when salaries were paid separately wouldn’t lead to clubbing of establishments. 2024 LLR 1124 DELHI HIGH COURT

 Order passed under 7Q of the EPF Act, without providing personal hearing, is illegal. 2024 LLR 1163 Telangana HIGH COURT

 EPF authority cannot attach personal bank account of the Director for recovery of EPF dues. 2024 LLR 1143 MADRAS HIGH COURT

Show cause notice issued by EPF Authorities without jurisdiction will be quashed. 2024 LLR 1166 CHHATTISGARH HIGH COURT

Employer is not liable to pay EPF dues to workers of the contractor when they have not been identified. 2024 LLR 1169 TELANGANA HIGH COURT

Condition of depositing some amount for staying orders under sections 14B and 7Q is valid if made to protect the interest of employees. 2024 LLR 1160 ALLAHABAD HIGH COURT

Assessment would be set aside in the absence of finding about joint declaration for coverage. 2024 LLR 1156 KARNATAKA HIGH COURT

Courtesy Labour Law Reporter.

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