IMPORTANT JUDGEMENTS April 2023- Reported Judgments at Glance
13 instead of 8% bonus directed to be paid since employer's family members got hefty salaries resulting zero allocable surplus. 2023 LLR 371 MADRAS HIGH COURT
Abusive language against his senior is a grave misconduct. 2023 LLR 397 MADRAS HIGH COURT
Reinstatement of a daily wager even when having worked for 240 days would not be proper. 2023 LLR 410 PUNJAB AND HARYANA HIGH COURT
Rs.1 lakh to be paid as cost to the complainant for employer's error in constituting internal committee under POSH Act.2023 LLR 414 DELHI HIGH COURT
Transfer for administrative reasons is incident of service since no employee has right to work at one place. 2023 LLR 384 CALCUTTA HIGH COURT
Stale claims by workman untenable without satisfactory explanation for delay. 2023 LLR 357 RAJASTHAN HIGH COURT
Show cause notice is not necessary before issuing of charge sheet. 2023 LLR 378 BOMBAY HIGH COURT
A person who imparts training to workers will not be a ''workman'' under Industrial Disputes Act. 2023 LLR 365 ORISSA HIGH COURT
Calculating 240 days working of a daily wager, unpaid weekly rest days will be included. 2023 LLR 361 PUNJAB AND HARYANA HIGH COURT
Raising of demand and its rejection by employer will be necessary to constitute an 'industrial dispute'. 2023 LLR 357 RAJASTHAN HIGH COURT
Reinstatement of workman not automatic for non-payment of retrenchment compensation on termination. 2023 LLR 410 PUNJAB AND HARYANA HIGH COURT
Complainant under POSH Act can be transferred to avoid unhealthy environment. 2023 LLR 384 CALCUTTA HIGH COURT
Merely working for long period with contractor would not justify to be an employee of principal employer. 2023 LLR 395 PUNJAB AND HARYANA HIGH COURT
Unexplained delay in raising a dispute by workman will construe to have waived his right. 2023 LLR 357 RAJASTHAN HIGH COURT
Gainful unemployment neither pleaded nor proved by workman would not justify full back wages. 2023 LLR 363 PUNJAB AND HARYANA HIGH COURT
Referring a dispute for dismissal untenable when it pertained to non-compliance of transfer order. 2023 LLR 371 MADRAS HIGH COURT
Reinstatement is justified when the dismissal of a workman is held to be illegal. 2023 LLR 363 PUNJAB AND HARYANA HIGH COURT
EPF
No pre-deposit is necessary in an appeal challenging levy of damages. 2023 LLR 428 CALCUTTA HIGH COURT
Last drawn wages payable under section 17-B of ID Act not be treated as basic wages for contributions. 2023 LLR 420 KARNATAKA HIGH COURT
Making payments after committing an offence would not absolve the accused from liability. 2023 LLR 433 KARNATAKA HIGH COURT
Delay in filing appeal against the order of EPF Authority, beyond prescribed limitation, is not condonable. 2023 LLR 440 MADRAS HIGH COURT
Temporary/part time employees would be treated as employees to be counted and covered by Act. 2023 LLR 452 Jharkhand High Court
Granting anticipatory bail for defaulting deposit of EPF dues not proper since it amounted to cheating of poor workers by employer. 2023 LLR 458 UTTARAKHAND HIGH COURT
Installments can be allowed due to the financial constraints of employer and the unit becoming sick. 2023 LLR 440 MADRAS HIGH COURT
Challenge to an order passed by the EPF Authority lies in statutory appeal and not in the writ petition. 2023 LLR 460 ORISSA HIGH COURT
EPFA Tribunal is not powered to condone delay in filing of appeal beyond 120 days. 2023 LLR 456 TELANGANA HIGH COURT
Failure to pay EPF dues not an offence unless it was not willfully proved. 2023 LLR 433 KARNATAKA HIGH COURT
Even Board of Trustees under the Act can't waive interest for late deposit of provident fund dues. 2023 LLR 428 CALCUTTA HIGH COURT
Prosecutions are sustainable for violation of EPF&MP Act under Indian Penal Code also. 2023 LLR 431 JHARKHAND HIGH COURT
Warrant of arrest by EPF authority was not proper when company was declared sick. 2023 LLR 428 CALCUTTA HIGH COURT
Attaching 104 accounts under Income Tax Act, non deposit of EPF dues not punishable. 2023 LLR 433 KARNATAKA HIGH COURT
An order by EPF authority without hearing the defence of employer not sustainable. 2023 LLR 426 CALCUTTA HIGH COURT
Writ court cannot consider factual aspects decided of the EPF authorities. 2023 LLR 452 Jharkhand High Court
Damages for delayed deposits may be reduced considering the financial crisis. 2023 LLR 462 ALLAHABAD HIGH COURT
Courtesy Labour Law Reporter.
