IMPORTANT JUDGEMENTS September 2023- Reported Judgments at Glance
Non-compliance retrenchment conditions will render it illegal. 2023 LLR 945 SUPREME COURT OF INDIA
A shop for repairing and selling electronic goods will be a 'factory' to be covered under ESI. 2023 LLR 949 SUPREME COURT OF INDIA
Supreme Court will not interfere in the reasoned order of the Compensation Commissioner. 2023 LLR 951 ALLAHABAD HIGH COURT
Transferring from one branch to another is possible even when not mentioned in the appointment letter.2023 LLR 963 BOMBAY HIGH COURT
Back-wages are not automatic on every reinstatement. 2023 LLR 982 GUJARAT HIGH COURT
Those assisting the customers in a shop would not be salesmen. 2023 LLR 945 SUPREME COURT OF INDIA
Plea of full and final settlement, if not taken in lower forums, cannot be taken in the Higher Court. 2023 LLR 953 ALLAHABAD HIGH COURT
Transfer to a branch would be justified even if it did not exist in the employee's appointment.2023 LLR 982 GUJARAT HIGH COURT
Conditions of service can be changed only after 21 days' notice. 2023 LLR 969 DELHI HIGH COURT
Termination of contractual appointment would not be retrenchment. 2023 LLR 970 DELHI HIGH COURT
Transfer of employees from one place to another is an incident of service. 2023 LLR 979 GAUHATI HIGH COURT
A terminated employee on acquittal cannot claim back wages. 2023 LLR 982 GUJARAT HIGH COURT
Trainees 'not being workmen' cannot claim relief under Industrial Disputes Act. 2023 LLR 986 KARNATAKA HIGH COURT
Compensation of Rs.5 Lac on terminating a probationer with one year's service is unjustified. 2023 LLR 997 PUNJAB & HARYANA HIGH COURT
The person looking after the day-to-day affairs of the company, not the directors, are liable to be prosecuted under Contract Labour (R&A) Act. 2023 LLR 999 JHARKHAND HIGH COURT
Every dispute is not necessarily to be referred for adjudication. 2023 LLR 1014 HIMACHAL PRADESH HIGH COURT
Percentage of accident injury for compensation is to be decided by the Commissioner, not by the higher court. 2023 LLR 951 ALLAHABAD HIGH COURT
Director cannot be prosecuted when he has no control over the day-to-day affairs of the company. 2023 LLR 1028 CALCUTTA HIGH COURT
EPF
Even a single day's delay in depositing EPF dues invites penal consequences. 2023 LLR 1018 BOMBAY HIGH COURT
Although not justifiable for escaping liability, financial crises be overlooked by the EPF authorities. 2023 LLR 1025 CALCUTTA HIGH COURT
Trainees under standing orders not covered under EPF Act. 2023 LLR 1039 MADRAS HIGH COURT
Levy of damages along with interest can be challenged before the Tribunal, not in the writ petition. 2023 LLR 1046 MADRAS HIGH COURT
Stipends paid to apprentices under Apprentices Act are not wages to attract EPF contribution. 2023 LLR 1040 MADRAS HIGH COURT
Damages for delayed deposit of EPF contributions only when the employer is properly heard. 2023 LLR 1054 KARNATAKA HIGH COURT
The EPF Act is applicable to municipalities. 2023 LLR 1048 MADRAS HIGH COURT
Levy of damages for delayed deposit is a quasi-judicial function hence, defaulters must be given reasonable opportunity. 2023 LLR 1054 KARNATAKA HIGH COURT
Directors are not employees within Explanation 2 of sections 405 and 406 of IPC. 2023 LLR 1028 CALCUTTA HIGH COURT
Trainees getting a stipend are excluded under the EPF Act. 2023 LLR 1039 MADRAS HIGH COURT
Workers of contractors are also covered under the EPF Act. 2023 LLR 1048 MADRAS HIGH COURT
Discretionary powers to vary the percentage of damages vests with the EPF authority. 2023 LLR 1054 KARNATAKA HIGH COURT
Penal damages are to be levied for non-deposit of EPF contribution for a terminated employee. 2023 LLR 1052 KERALA HIGH COURT
No leniency for levy of damages on habitual defaulting employers even when there were no financial crises. 2023 LLR 1054 KARNATAKA HIGH COURT
An order passed for the levy of damages must be a reasoned one. 2023 LLR 1025 CALCUTTA HIGH COURT
Fastening liability on excluded establishments is legally unsustainable. 2023 LLR 1020 BOMBAY HIGH COURT
Director is not personally liable to pay EPF dues. 2023 LLR 1028 CALCUTTA HIGH COURT
Courtesy- Labour Law Reporter.
