IMPORTANT JUDGEMENTS January 2023- Reported Judgments at Glance
• Workers of contractors can't be employees of the principal employer in the absence of notification or adjudication. 2023 LLR 1 SUPREME COURT OF INDIA
• Dismissal will be justified for unauthorized absence and not improving habit of drinking during duty hours. 2023 LLR 62 PUNJAB AND HARYANA HIGH COURT
• Surveyors and insurance agents would not be employees to be covered under ESI and EPF Acts. 2023 LLR 16 BOMBAY HIGH COURT
• Reinstatement by Labour Court is not justified when management has offered workmen to join duty at any time. 2023 LLR 64 PUNJAB AND HARYANA HIGH COURT
• Employers can initiate disciplinary action and impose punishment upon employees, but its justification can be examined by Tribunal. 2023 LLR 19 DELHI HIGH COURT
• Administrative control includes the appointment of employees, disciplinary action, managing attendance records and sanctioning of leave etc. 2023 LLR 35 HIMACHAL PRADESH HIGH COURT
• Special allowance is paid only to those who work 48 hours schedule in a week and it will not component of 'basic wages.' 2023 LLR 25 GAUHATI HIGH COURT
• Payments made to Labour Consultants, Lawyers, Engineers, Counsels, and Chartered Accountants are not wages under the Act hence no contribution is payable. 2023 LLR 16 BOMBAY HIGH COURT
• Authority under Gratuity Act can set aside its ex-parte order. 2023 LLR 24 DELHI HIGH COURT
• The advocate's firm is not covered under ESI Act. 2023 LLR 30 GUJARAT HIGH COURT
• The principal employer is not liable to pay retrenchment compensation to the workers of the contractor. 2023 LLR 35 HIMACHAL PRADESH HIGH COURT
• Principal employers can't be directed to absorb contract workers unless the contract is a sham. 2023 LLR 1 SUPREME COURT OF INDIA
• Accident compensation is payable to dependents when the driver has died on duty. 2023 LLR 7 ANDHRA PRADESH HIGH COURT
• Merely not insisting to be represented by a legal practitioner in an inquiry under POSH Act, no one else can represent the respondent. 2023 LLR 41 KARNATAKA HIGH COURT
• Fabricated signature on gate passes is grave misconduct, attracting major punishment. 2023 LLR 55 ORISSA HIGH COURT
• An order passed under section 7-A of the Act, without identifying beneficiaries, is not tenable. 2023 LLR 74 HIMACHAL PRADESH HIGH COURT
• Recovery of the determined amount is stayed if the Presiding Officer of the EPF Tribunal is not available.2023 LLR 72 GUJARAT HIGH COURT
• Once an establishment is covered under the Act will remain so even when number of employees is reduced below 20. 2023 LLR 86 MADHYA PRADESH HIGH COURT
• Non-speaking and unreasoned order of EPF AT is to be set aside. 2023 LLR 74 HIMACHAL PRADESH HIGH COURT
• Any officer having ultimate control over the affairs of the establishment would be the 'employer'. 2023 LLR 90 MADRAS HIGH COURT
• Employer or contractor cannot reduce the wages of the employee. 2023 LLR 81 KARNATAKA HIGH COURT
• Commission or any other similar allowance is excluded from "basic wages" if not paid to all employees universally. 2023 LLR 113 KERALA HIGH COURT
• Allowances paid to all employees will be treated as part of basic wages for EPF contributions. 2023 LLR 81 KARNATAKA HIGH COURT
• Two establishments can be separate entities for the assessment, but they will be a single establishment for the purpose of recovery. 2023 LLR 90 MADRAS HIGH COURT
• An order passed by EPF Authority on the report of the Enforcement Officer is liable to be set aside. 2023 LLR 74 HIMACHAL PRADESH HIGH COURT
• Litigants cannot be rendered remediless due to the non-availability of the Presiding Officer of EPF Tribunal. 2023 LLR 84 KERALA HIGH COURT
• Deferring all recovery proceedings till final orders are passed, is appropriate in case the EPF Appellate Tribunal is not functional. 2023 LLR 85 KERALA HIGH COURT
• When the employer becomes a defaulter in remitting EPF contributions, the EPF Authority is empowered to recover from the banker. 2023 LLR 96 MADRAS HIGH COURT
• Different establishments run by the same family under common management, workplace and with 'financial integrality' will be treated as one establishment. 2023 LLR 90 MADRAS HIGH COURT
• No coercive action against defaulting employer is to be taken during the pendency of the appeal. 2023 LLR 72 GUJARAT HIGH COURT
Courtesy: Labour Law Reporter
