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Labour Law Judgmentts at a Glance May 2024

IMPORTANT JUDGEMENTS May  2024- Reported Judgments at Glance

Interstate transfer clause in appointment letter is valid even when it finds no mention in standing orders. 2024 LLR 478 SUPREME COURT OF INDIA

POSH enquiry will quashed if copy of complaint was not served to the accused. 2024 LLR 486 KERALA HIGH COURT

Dismissal for obtaining employment on false information justifies forfeiture of gratuity. 2024 LLR 490 KARNATAKA HIGH COURT

Tribunal can take into consideration settlement while adjudicating dispute. 2024 LLR 473 SUPREME COURT OF INDIA

Complaint of maternity benefit cannot be referred as an industrial dispute to the Labour Court. 2024 LLR 483 MADHYA PRADESH HIGH COURT

Fixed term employee cannot claim employment as a matter of right. 2024 LLR 501 KARNATAKA HIGH COURT

Profit motive is irrelevant to cover an establishment under the term 'industry'. 2024 LLR 512 JAMMU & KASHMIR AND LADAKH HIGH COURT

Reinstatement cannot be granted when management and employee have lost trust with each other. 2024 LLR 520 KERALA HIGH COURT

Labour Court can only adjudicate on termination if the terms of reference provide so. 2024 LLR 509 KARNATAKA HIGH COURT

Accident compensation provisions of the Code on Social Security, 2020 put employees at a dis-advantageous position. 2024 LLR 516 ANDHRA PRADESH HIGH COURT

Writ petition by employees against order of private company is not maintainable. 2024 LLR 485 ORISSA HIGH COURT

Sympathy and sentiment cannot be the basis for ordering regularization. 2024 LLR 497 ANDHRA PRADESH HIGH COURT

Abandonment from duty cannot be pleaded when letters for resuming duty were not sent by the employer. 2024 LLR 524 BOMBAY HIGH COURT

No employer-employee relationship can be established merely on the basis of ESI card. 2024 LLR 506 HIMACHAL PRADESH HIGH COURT

Test if establishment is 'industry' or not is based on its nature of activity and employer-employee relation. 2024 LLR 512 JAMMU & KASHMIR AND LADAKH HIGH COURT

No appeal can be preferred to the High Court against an order of Civil Court involving ESI related matters. 2024 LLR 488 ANDHRA PRADESH HIGH COURT

Amendment made to standing orders would not come into effect if the appeal is allowed by the Tribunal. 2024 LLR 478 SUPREME COURT OF INDIA

EPF

 It is not mandatory to pay PF contribution for HRA and conveyance allowance. 2024 LLR 578 MADRAS HIGH COURT

Bank account cannot be frozen when no complaint has been lodged before PF Authorities. 2024 LLR 552 CALCUTTA HIGH COURT

Damages are to be reduced when there was no willful default in contributing to the fund. 2024 LLR 549 KARNATAKA HIGH COURT

EPF Authority cannot compel contribution by employers with regard non-identifiable workmen. 2024 LLR 539 PUNJAB AND HARYANA HIGH COURT

Pre-deposit is not mandatory for appeal against order passed under section 14B of the Act. 2024 LLR 530 BOMBAY HIGH COURT

EPF Authorities have to consider whether the establishment is a chronic defaulter or not. 2024 LLR 565 JHARKHAND HIGH COURT

Tribunal is empowered to dismiss the appeal when there is non-compliance of its interim order. 2024 LLR 560 MADRAS HIGH COURT

Employer cannot file criminal complaint against PF Authorities for mere pendency of 7A proceeding. 2024 LLR 567 PUNJAB AND HARYANA HIGH COURT

Establishment cannot seek exclusion and exemption simultaneously. 2024 LLR 579 CALCUTTA HIGH COURT

Attachment is improper when application for staying order is pending before Tribunal. 2024 LLR 530 BOMBAY HIGH COURT

Full damages are not compulsory under section 14B of the EPF Act. 2024 LLR 533 MADHYA PRADESH HIGH COURT

 Aadhar card is not a proof of date of birth for claiming pension. 2024 LLR 576 GUJARAT HIGH COURT

Agents having independent code numbers are to be treated as independent employers. 2024 LLR 539 PUNJAB AND HARYANA HIGH COURT

Establishment cannot be made liable for the period before it comes into existence. 2024 LLR 549 KARNATAKA HIGH COURT

Granting interim stay upon direction of deposit of money is not the same as pre-deposit. 2024 LLR 532 ALLAHABAD HIGH COURT

No PF dues are payable from the date of compulsory retirement till reinstatement. 2024 LLR 555 MADHYA PRADESH HIGH COURT

Order for pre-deposit of amount cannot be challenged before the High Court. 2024 LLR 587 CALCUTTA HIGH COURT

Section 7A notice can be quashed if employer is willing to submit form for transfer of funds. 2024 LLR 557 KARNATAKA HIGH COURT

Courtesy: Labour Law Reporter.

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