IMPORTANT JUDGEMENTS May 2023- Reported Judgments at Glance
A writ of mandamus to reinstate a workman to a temporary advisory post cannot be issued. 2023 LLR 480 CALCUTTA HIGH COURT
Workman, not joining duty despite an Award from the Labour Court, is not entitled to back wages. 2023 LLR 473 SUPREME COURT OF INDIA
Workman working for 362 days in 12 months with 3 days break preceding termination, would be treated to be in continuous service under section 25B(2) of the I D Act. 2023 LLR 494 PUNJAB AND HARYANA HIGH COURT
Writ Petition against a Private Limited Company is not maintainable. 2023 LLR 526 MADRAS HIGH COURT
Allegations are to be disposed off by the ICC when neither evidence nor witnesses were produced by the aggrieved woman. 2023 LLR 480 CALCUTTA HIGH COURT
Even a part-time employee is entitled to Gratuity under the Payment of Gratuity Act, 1972. 2023 LLR 487 DELHI HIGH COURT
Provisions of the Maternity Act permit benefits to be availed even after the birth of a child. 2023 LLR 476 ALLAHABAD HIGH COURT
Termination of services without following the principle of 'last come first go' or retaining the juniors is illegal. 2023 LLR 494 PUNJAB AND HARYANA HIGH COURT
Teachers can claim gratuity from retrospective effect under the Payment of Gratuity Act. 2023 LLR 487 DELHI HIGH COURT
It is not open for the Labour Court under section 33C(2) of the ID Act to adjudicate upon the employer-employee relationship. 2023 LLR 513 MADHYA PRADESH HIGH COURT
Medical Representative is not a workman under the ID Act. 2023 LLR 515 MADHYA PRADESH HIGH COURT
Termination of teaching staff as per contract of employment does not amount to retrenchment under section 2(oo) of the ID Act. 2023 LLR 520 MADRAS HIGH COURT
If the contract is found to be a mere camouflage, the contract labour will be treated as an employee of the principal employer. 2023 LLR 485 CALCUTTA HIGH COURT
Reference of a dispute during suspension and pendency of enquiry is not sustainable. 2023 LLR 515 MADHYA PRADESH HIGH COURT
Remanding the matter back to ESI Authority is not proper merely because certain documents were not made available before ESI Authority. 2023 LLR 506 MADRAS HIGH COURT
Proceedings under section 17-B are independent of the final order when an award of reinstatement is assailed by the Management. 2023 LLR 538 DELHI HIGH COURT
Third-party agents are not to be treated as employees and amounts paid to them would not be 'wages' under section 2(22) of the Employees State Insurance Act. 2023 LLR 506 MADRAS HIGH COURT
Legality of enquiry is not to be tested in proceedings under section 33(2)(b) of the ID Act. 2023 LLR 530 DELHI HIGH COURT
Permanent complete addresses of workmen are to be furnished under the New Labour Codes, when enforced.2023 LLR 473 SUPREME COURT OF INDIA
Order of attachment of bank accounts of the defaulting employer may be withheld subject to the undertaking given by him. 2023 LLR 575 MADRAS HIGH COURT
There would be no employer-employee relationship when the contractor appoints and decides terms of service terms. 2023 LLR 555 ALLAHABAD HIGH COURT
EPF
Order allocating code and directing an establishment to remit EPF contributions without identifying 20 eligible beneficiaries is liable to be quashed 2023 LLR 551 JHARKHAND HIGH COURT
Casual workers are coverable under the Employees' Provident Funds and Miscellaneous Provisions Act, of 1952. 2023 LLR 568 KERALA HIGH COURT
An employer is not liable to pay any interest for the period prior to 01.07.1997. 2023 LLR 579 MADRAS HIGH COURT
An order passed by Appellate Tribunal without considering documents on file will be perverse, and not sustainable. 2023 LLR 560 DELHI HIGH COURT
If a company has been running on losses for reasons beyond its control, the Court can reduce the damages. 2023 LLR 567 KERALA HIGH COURT
Before covering an establishment under the Act, the employer is to be given the due opportunity of hearing. 2023 LLR 551 JHARKHAND HIGH COURT
Matter may be remanded to EPF Authority when the actual amount is still to be calculated. 2023 LLR 576 MADRAS HIGH COURT
EPF Authority has to observe principles of natural justice while imposing damages. 2023 LLR 568 KERALA HIGH COURT
EPF Authority has to collect reports of Investigating Officer having full details of employees, during coverage of a new firm. 2023 LLR 551 JHARKHAND HIGH COURT
While calculating the amount payable by the employer, the allowances will have to be taken into consideration. 2023 LLR 576 MADRAS HIGH COURT
Writ petition challenging the order of EPF Authority without exhausting statutory remedy is not maintainable. 2023 LLR 549 PATNA HIGH COURT
It is the duty of the EPFO to ensure that the Trustees have transferred the entire accumulation to EPFO. 2023 LLR 588 CALCUTTA HIGH COURT
Absence of reasons for reducing the damages depicts an arbitrary exercise of power by the EPF Appellate Tribunal. 2023 LLR 562 KARNATAKA HIGH COURT
An employee is entitled to interest calculated by EPFO at the rate fixed from time to time. 2023 LLR 588 CALCUTTA HIGH COURT
Payment made to those who availed the opportunity more than others, cannot be included in the basic wages. 2023 LLR 565 KERALA HIGH COURT
Courtesy Labour Law Reporter
