IMPORTANT JUDGEMENTS August 2023- Reported Judgments at Glance
Dismissal justified when proper enquiry is held in the charge sheet issued to the workman. 2023 LLR 827 Supreme Court of India
Privileged leave cannot be claimed by an employee as a matter of right. 2023 LLR 863 RAJASTHAN HIGH COURT
Acceptance of resignation by incompetent authority is illegal. 2023 LLR 880 MADHYA PRADESH HIGH COURT
Principal employer will not have any relationship of employer-employee with workers of a contractor. 2023 LLR 886 KARNATAKA HIGH COURT
Medical representative will not be workman under Industrial Disputes Act. 2023 LLR 889 MADHYA PRADESH HIGH COURT
Back wages denied on reinstatement if workman is gainfully employed. 2023 LLR 893 GUJARAT HIGH COURT
Maternity benefit will be available to an employee even on contract basis. 2023 LLR 853 KERALA HIGH COURT
Gratuity can't be claimed under Industrial Disputes Act.2023 LLR 852 KARNATAKA HIGH COURT
When two courts have jurisdiction for adjudicating a dispute, parties can choose one forum. 2023 LLR 848 KARNATAKA HIGH COURT
An employee is bound to comply with her transfer. 2023 LLR 863 RAJASTHAN HIGH COURT
Criminal complaint untenable if company not made an accused along with General Manager under CL(RA) Act. 2023 LLR 830JHARKHAND HIGH COURT
Ex-parte award is to be set aside based on ipse dixit.2023 LLR 835GAUHATI HIGH COURT
Dismissal of a driver justified causing accident, remaining absent and misappropriation of money of the corporation. 2023 LLR 846 KARNATAKA HIGH COURT
Quantum of punishment is to be considered by the Labour Court in its award. 2023 LLR 835 GAUHATI HIGH COURT
EPF
Any order passed by EPF authority u/s 7-A without identification of beneficiaries is not sustainable. 2023 LLR 922 JHARKHAND HIGH COURT
Number of defaults, period of delayed deposits would be relevant for imposition of damages for delayed deposit of PF dues. 2023 LLR 917 CHHATTISGARH HIGH COURT
Tribunal is empowered to waive or reduce pre-deposit conditions for admission of appeal. 2023 LLR 902 ALLAHABAD HIGH COURT
Penal damages will be justified if default in remitting the EPF dues. 2023 LLR 934 TELANGANA HIGH COURT
An order passed by EPF authority to be quashed when documents in files are not considered. 2023 LLR 942 MADRAS HIGH COURT
Principal employer, not contractor, is liable to pay EPF dues. 2023 LLR 906 BOMBAY HIGH COURT
Common chartered account of two firms shall not club two independent establishments 2023 LLR 914 CALCUTTA HIGH COURT
Appellant must get copy of the order by Appellate Tribunal. 2023 LLR 900 TELANGANA HIGH COURT
Time spent on litigation on writ petition may be considered for limitation in filing appeal. 2023 LLR 902 ALLAHABAD HIGH COURT
Attachment of bank account to be released to enable the petitioner to deposit 50% of due amount. 2023 LLR 905 BOMBAY HIGH COURT
EPF dues can be released in favour of nominee in view of affidavit and proofs by the legal heir of the deceased. 2023 LLR 906 BOMBAY HIGH COURT
Dismissal of appeal in default untenable if no date is mentioned for non-appearance. 2023 LLR 900 TELANGANA HIGH COURT
Coercive action for recovery can be stayed as interim protection by the High Court. 2023 LLR 920 DELHI HIGH COURT
Liability of payment to EPF dues only when determined u/s 7-A of the Act.2023 LLR 906 BOMBAY HIGH COURT
Clubbing of two independent firms having separate Permanent Account Numbers and bank ac-counts is not proper. 2023 LLR 914 CALCUTTA HIGH COURT
Aggrieved employer can file review of appeal before the Tribunal against order u/s 7-A 2023 LLR 922 JHARKHAND HIGH COURT
EPF authority u/s 7-A is vested with the power of Civil Court. 2023 LLR 924 MADHYA PRADESH HIGH COURT
On failing to seek approval, dismissal will be non est. 2023 LLR 850 KARNATAKA HIGH COURT
Failing to give opportunity to employer to produce evidence when inquiry is vitiated would nul-lify award of the Labour Court. 2023 LLR 835 GAUHATI HIGH COURT
For forfeiture of gratuity, procedure under section 4(6) of the Gratuity is to be followed. 2023 LLR 852 KARNATAKA HIGH COURT
Belated deposit of ESI contributions will attract interest. 2023 LLR 856 MADRAS HIGH COURT
Courtesy: Labour Law Reporter
