IMPORTANT JUDGEMENTS June 2023- Reported Judgments at Glance
Provoking colleagues and disobeying superiors are grave misconducts justifying dismissal. 2023 LLR 640 MADRAS HIGH COURT
Termination of a workman after a specified period is not retrenchment. 2023 LLR 615 DELHI HIGH COURT
If an employer fails to constitute ICC, the complainant can approach Local Complaints Committee.2023 LLR 606 DELHI HIGH COURT
Reinstatement with full-back wages is not to be applied mechanically. 2023 LLR 597 JAMMU AND KASHMIR HIGH COURT
Dismissal was appropriate when a bus conductor was found misappropriating Rs. 36.50/-. 2023 LLR 632 MADRAS HIGH COURT
Labour Court cannot interfere with punishment if the enquiry was fair and proper. 2023 LLR 640 MADRAS HIGH COURT
Appropriate Government should not take upon the task of adjudicating the dispute on merits. 2023 LLR 603 DELHI HIGH COURT
Initial Burden lies upon the workman to prove his unemployment. 2023 LLR 611 DELHI HIGH COURT
No relief in a dispute if raised after a decade. 2023 LLR 634 MADRAS HIGH COURT
Mere affidavits made by a daily wager will not prove that he had worked for 240 days. 2023 LLR 645 PUNJAB AND HARYANA HIGH COURT
Labour Court, unlike Civil Court, has the power to create new contracts. 2023 LLR 635 MADRAS HIGH COURT
Salary and promotion are important factors in the determination of a workman. 2023 LLR 652 PUNJAB AND HARYANA HIGH COURT
There is a limitation of three years for raising disputes under section 2A (2) of the ID Act. 2023 LLR 634 MADRAS HIGH COURT
A daily wager is not entitled to claim for regularization. 2023 LLR 645 PUNJAB AND HARYANA HIGH COURT
Mens rea or actus reus is not essential for imposing penalties/damages for breach of obligations/liabilities under the ESI Act. 2023 LLR 659 TELANGANA HIGH COURT
When a plea is not raised before the trial court, the same is not admissible before the writ court. 2023 LLR 650 PUNJAB AND HARYANA HIGH COURT
Operation Manager would not be a ' 'workman' ' when he failed to lead any evidence. 2023 LLR 652 PUNJAB AND HARYANA HIGH COURT
If the salary of employees is approved by the principal employer, it will prove his control and not of an immediate employer. 2023 LLR 591 CALCUTTA HIGH COURT
Maintaining a seniority list is not mandatory for retrenchment in the case of daily wagers. 2023 LLR 615 DELHI HIGH COURT
Calculating gratuity as per section 4(2) of the Act considering the basic pay plus dearness allowance is not wrong. 2023 LLR 601 BOMBAY HIGH COURT
Award after 30 days of its publication becomes enforceable. 2023 LLR 654 RAJASTHAN HIGH COURT
Income from self-employment would be calculated for ascertaining the wages for interim relief. 2023 LLR 611 DELHI HIGH COURT
EPF
An establishment, employing only 19 employees, is not to be covered under the EPF Act. 2023 LLR 692 KARNATAKA HIGH COURT
When the petitioner had been pursuing before the wrong forum, he will be entitled to the benefit of Section 14 of the Limitation Act 1963 for the delay in filing appeal. 2023 LLR 682 CALCUTTA HIGH COURT
Retirement or VRS would not automatically disentitle the workmen for EPF contributions. 2023 LLR 664 ORISSA HIGH COURT
An order passed by EPF Authority in the review application, without hearing the petitioner, is not sustainable. 2023 LLR 676 BOMBAY HIGH COURT
Criminal prosecution against the Managing Director, leaving the company aside, for embezzlement of EPF contributions is not legal. 2023 LLR 687 JHARKHAND HIGH COURT
An ex-parte order passed by the Tribunal without considering the main points is to be set aside. 2023 LLR 689 JHARKHAND HIGH COURT
An order under section 7A with procedural irregularities is to be remanded for rectification. 2023 LLR 696 MADRAS HIGH COURT
'Attendance Bonus' would qualify for exclusion from Section 2(b)(ii) of the Act. 2023 LLR 698 MADRAS HIGH COURT
An employer is not liable to pay an employee's EPF contributions for a retrospective period. 2023 LLR 700 TELANGANA HIGH COURT
Non-deposit of employees' EPF contributions within prescribed limitation is not an offence. 2023 LLR 687 JHARKHAND HIGH COURT
Notifications/circulars or settlements cannot override the statute. 2023 LLR 664 ORISSA HIGH COURT
An order passed by the EPF Authority without notice to the relevant establishments is not sustainable. 2023 LLR 700 TELANGANA HIGH COURT
If the coverage of the establishment under the EPF Act is annulled, the order passed under Sections 7A/7B will not be tenable. 2023 LLR 689 JHARKHAND HIGH COURT
Payment of installments will not absolve the petitioner from paying interest. 2023 LLR 680 CALCUTTA HIGH COURT
Delay in raising a claim after seven years is no hurdle in 'non-providing any limitation of the period'. 2023 LLR 664 ORISSA HIGH COURT
When proceedings by EPF Authority are independent and not correlated with Section 7-A of the Act, orders passed under Section 14-B and 7-Q of the Act are not appealable. 2023 LLR 678 BOMBAY HIGH COURT
Labour Officer is not a Conciliation Officer under section 4 of the ID Act. 2023 LLR 626 MADHYA PRADESH HIGH COURT
Full and final settlement cannot have any bearing on dues payable by the employer. 2023 LLR 664 ORISSA HIGH COURT
EPF Appellate Tribunal is empowered to use its discretion, which cannot be curtailed by High Court. 2023 LLR 693 MADRAS HIGH COURT
Writ Court cannot adjudicate the correctness of rules for recovery as EPF Act does not provide withholding of recovery proceedings to prefer an appeal. 2023 LLR 684 CHHATTISGARH HIGH COURT
An appeal claiming higher interest is barred by the principle of constructive res judicata. 2023 LLR 703 TRIPURA HIGH COURT
Courtesy Labour Law Reporter
