IMPORTANT JUDGEMENTS February 2023- Reported Judgments at Glance
· Transfer of an employee cannot be interfered with by the Courts unless same is mala fide. 2023 LLR 134DELHI HIGH COURT
· Considering the length of service and about 12 years of litigation, compensation is enhanced to Rs.10 lakhs. 2023 LLR 127 DELHI HIGH COURT
· Termination of a probationer on completion of the extended period of probation is not retrenchment. 2023 LLR 144 GUJARAT HIGH COURT
· The appropriate government can correct clerical or arithmetical mistakes by fixing or revising minimum wages. 2023 LLR 119 SUPREME COURT OF INDIA
· The appropriate government can correct clerical or arithmetical mistakes by fixing or revising minimum wages. 2023 LLR 158 MADRAS HIGH COURT
· Prosecution under section 92 of the Factories Act is not permissible if acquitted in criminal proceedings. 2023 LLR 155 KARNATAKA HIGH COURT
· An objection that domestic enquiry was not fair or proper, Labour Court has to decide as a preliminary issue. 2023 LLR 158 MADRAS HIGH COURT
· Compensation in lieu of reinstatement depends on the nature of employment, length of service, and the time lapse between the cessation of employment and the final order. 2023 LLR 127 DELHI HIGH COURT
· The burden to establish a Master-Servant relationship lies on the workman and not the employer. 2023 LLR 132 ALLAHABAD HIGH COURT
· Workman is not punished for the delay in litigation, but Courts must take a pragmatic view. 2023 LLR 127 DELHI HIGH COURT
· Whether a workman was gainfully employed or not is a question of fact and hence cannot be interfered with. 2023 LLR 124 SUPREME COURT
· When a screen shot of an obscene phone call did not show the number, the accused cannot be held guilty. 2023 LLR 146 JAMMU AND KASHMIR HIGH COURT
· Once retrenchment are set aside, the workmen will be entitled to continuity of service with back wages. 2023 LLR 124 SUPREME COURT
· Building & Other Construction Workers Welfare Cess Rules do not contain provisions for waiver or reduction. 2023 LLR 135 DELHI HIGH COURT
· Criminal proceedings under the Payment of Wages Act for implementation of the award are not tenable. 2023 LLR 161 ORISSA HIGH COURT
· Reinstatement can be granted only in exceptional cases even if termination is wrongful. 2023 LLR 127 DELHI HIGH COURT
EPF
· Overtime paid to workmen who worked on weekly off days, is not basic wages for EPF contributions. 2023 LLR 179 MADRAS HIGH COURT
· The Act will continue to be effective even though the employees' number is reduced be-low 20. 2023 LLR 180 MADRAS HIGH COURT
· Where the allowance is universally and ordinarily paid to all employees, such emoluments are 'basic wages'. 2023 LLR 202 KERALA HIGH COURT
· Review petition if not filed in prescribed Form is liable to be rejected. 2023 LLR 165 TRIPURA HIGH COURT
· Non-production of documents in possession of the employer will justify adverse inference against him. 2023 LLR 166 TELANGANA HIGH COURT
· Either appeal or review is the remedy to challenge an order u/s 7A of the Act. 2023 LLR 174 Orissa High Court
· Special allowances, like HR and conveyance paid to some employees, will not be 'basic wages. 2023 LLR 202 KERALA HIGH COURT
· Assessment of EPF contributions without identifying beneficiaries is not sustainable. 2023 LLR 186 MADHYA PRADESH HIGH COURT
· Delay for filing an appeal can be condoned up to a further 60 days subject to sufficient cause. 2023 LLR 200 KERALA HIGH COURT
· If the employer does not raise objection against report of the Enforcement Officer, that will be taken as justified. 2023 LLR 197 KERALA HIGH COURT
· Loss for three consecutive financial years shall be a ground to withdraw exemption under Act. 2023 LLR 207 KARNATAKA HIGH COURT
· While imposing damages, the authorities should consider the number of defaults, the period and reasons for the delay, the frequency of default and the amount involved 2023 LLR 213 Chhattisgarh High Court
· Non-production of documents as directed by the EPF Authority amounts to non-cooperation. 2023 LLR 219 ALLAHABAD HIGH COURT
· Challenging show cause notice in a writ petition is not maintainable. 2023 LLR 164 MADRAS HIGH COURT
· Any variable earning from individual to individual will be excluded from ' 'basic wages' '. 2023 LLR 202 KERALA HIGH COURT
· Employees engaged directly or indirectly are coverable under the Act. 2023 LLR 180 MADRAS HIGH COURT
EPF Authority has no power to condone the delay for the review petition beyond 45 days. 2023 LLR 180 MADRAS HIGH COURT
Courtesy: Labour Law Reporter
