IMPORTANT JUDGEMENTS July 2023- Reported Judgments at Glance
Reinstatement is not automatic even in the case of illegal termination. 2023 LLR 748 RAJASTHAN HIGH COURT
When the amount determined by the Controlling Authority is not deposited, the appeal is to be dismissed. 2023 LLR 750 KARNATAKA HIGH COURT
Punishment of dismissal not to be interfered with when a driver is found guilty of theft of employer's material. 2023 LLR 759 MADRAS HIGH COURT
A punitive order by filling up the blanks in cyclostyled proforma is untenable due to non-application of mind.2023 LLR 761 KARNATAKA HIGH COURT
Bonus Act will not be applicable to Educational Institutions and Universities. 2023 LLR 738 MADRAS HIGH COURT
A transfer will be illegal if it alters the status of the workman to supervisor. 2023 LLR 746 MADRAS HIGH COURT
Allegation of threat or coercion in obtaining resignation would not be tenable. 2023 LLR 718 ANDHRA PRADESH HIGH COURT
Denial to resume duties by a workman after his recovery from illness is illegal. 2023 LLR 712 ORISSA HIGH COURT
Non-issuing of tickets to passengers by bus conductors will be serious misconduct. 2023 LLR 761 KARNATAKA HIGH COURT
Termination is illegal when retrenchment compensation is not paid. 2023 LLR 748 RAJASTHAN HIGH COURT
Accident compensation is to be payable even when the deceased driver took the vehicle for repair. 2023 LLR 715 ALLAHABAD HIGH COURT
Compelling a workman to submit a resignation for demanding minimum wages would be illegal. 2023 LLR 712 ORISSA HIGH COURT
Challenging termination after enquiry, the validity of enquiry will be decided at first instance. 2023 LLR 722 HIMACHAL PRADESH HIGH COURT
Part-time sweeper not entitled to regularization. 2023 LLR 726 HIMACHAL PRADESH HIGH COURT
No adjudication by the tribunal in a claim of a workman under section 33C(2) of the ID Act. 2023 LLR 733 MADHYA PRADESH HIGH COURT
Industrial disputes can be raised at the place of cause of action. 2023 LLR 742 PUNJAB AND HARYANA HIGH COURT
POSH Act has a mechanism to safeguard the woman at workplace. 2023 LLR 752 GUJARAT HIGH COURT
Termination will be set aside only by the prescribed authority. 2023 LLR 709 SUPREME COURT OF INDIA
A daily wager has no right to regularization. 2023 LLR 748 RAJASTHAN HIGH COURT
EPF
Appeal not writ is an appropriate forum by the aggrieved party in proceedings under section 7A or 7B of the Act. 2023 LLR 764 MADRAS HIGH COURT
While imposing damages for delayed payment, factors like the number of defaults and period of delay will be relevant 2023 LLR 765 ALLAHABAD HIGH COURT
A person having ultimate control over the affairs of the establishment will be an employer. 2023 LLR 772 CALCUTTA HIGH COURT
Merely engaging a person on a commission basis would not deprive him of being an employee. 2023 LLR 776 KERALA HIGH COURT
No limitation is prescribed for recovery of damages for delayed deposits of EPF dues. 2023 LLR 765 ALLAHABAD HIGH COURT
The workers of the independent contractors will not be treated as employees of the principal employer. 2023 LLR 780 CALCUTTA HIGH COURT
Employer can claim prejudice for delayed initiations of damages when records were not available for several years. 2023 LLR 765 ALLAHABAD HIGH COURT
EPF authority under section 7A is vested with the powers of a Civil Court. 2023 LLR 772 CALCUTTA HIGH COURT
Delayed remittance of EPF dues is a sine qua non for imposing damages under section 14B of the Act. 2023 LLR 765 ALLAHABAD HIGH COURT
Appeal against the order of EPF Authority to Tribunal beyond the expiry of the limitation is not maintainable. 2023 LLR 800 PUNJAB AND HARYANA HIGH COURT
Manager Finance re-designated as Chief Accountant and Audit Officer will be treated as an employer. 2023 LLR 772 CALCUTTA HIGH COURT
In proceedings under section 7A the EPF authority should consider relationship of master and servant. 2023 LLR 780 CALCUTTA HIGH COURT
Attachment of the bank account of defaulting employer will be harsh when he was seeking installments. 2023 LLR 783 CALCUTTA HIGH COURT
Disputed questions of fact can be raised before Appellate Tribunal and not in a writ petition. 2023 LLR 796 MADRAS HIGH COURT
Taking cognizance against the Managing Director, without impleading the company, the complaint will be dismissed. 2023 LLR 812 KARNATAKA HIGH COURT
EPF Authority has to take into account aggravating and mitigating circumstances while deter-mining damages. 2023 LLR 785 HIMACHAL PRADESH HIGH COURT
Courtesy: Labour Law Reporter
