IMPORTANT JUDGEMENTS March 2023- Reported Judgments at Glance
Police must protect property and lives of employer and non-striking workers from unruly workers on strike. 2023 LLR 266 MADRAS HIGH COURT
An employee, covered under ESI Act, has a fundamental right to its benefits. 2023 LLR 237 SUPREME COURT OF INDIA
Inquiry under POSH Act is not to be quashed even if not completed within 90 days. 2023 LLR 248 DELHI HIGH COURT
Full back wages are appropriate on reinstatement when an employer has delayed the proceedings. 2023 LLR 282 BOMBAY HIGH COURT
Unauthorized absence of a workman for long period will justify termination without enquiry. 2023 LLR 304 PUNJAB AND HARYANA HIGH COURT
Interest on gratuity is to be levied if not paid within 30 days. 2023 LLR 293 KARNATAKA HIGH COURT
Unexplained possession of Rs.359 by a bus conductor on duty would justify his termination. 2023 LLR 308 KARNATAKA HIGH COURT
An establishment will continue to be covered under ESI even when the number of employees is below 10. 2023 LLR 237 SUPREME COURT OF INDIA
No retrenchment compensation on termination without completing 240 days of service. 2023 LLR 304 PUNJAB AND HARYANA HIGH COURT
Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months. 2023 LLR 252 GUJARAT HIGH COURT
Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months. 2023 LLR 302 RAJASTHAN HIGH COURT
Non-issuance of tickets despite collecting money is a grave misconduct justifying dismissal. 2023 LLR 290 KARNATAKA HIGH COURT
No leniency can be shown to a bus conductor who has committed 191 misconducts in the past. 2023 LLR 308 KARNATAKA HIGH COURT
Agitating workers can protest peacefully 100 meters away from work premises. 2023 LLR 266 MADRAS HIGH COURT
Abandonment of job to be presumed if workman did not resume duties despite repeated letters. 2023 LLR 304 PUNJAB AND HARYANA HIGH COURT
Reinstatement despite illegal termination is redundant when the concerned workman is already superannuated. 2023 LLR 254 ORISSA HIGH COURT
Gratuity can be forfeited only for prescribed contingencies under section 4(6) of the Act. 2023 LLR 297 MADRAS HIGH COURT
Dismissal is justified for unexplained and unauthorized absence for a long period. 2023 LLR 304 PUNJAB AND HARYANA HIGH COURT
EPF
Determination of EPF contribution under section 7-A without identification of beneficiaries is not proper. 2023 LLR 332 KARNATAKA HIGH COURT
Ad hoc allowance linked with attendance, when variable, would not be treated as basic wages. 2023 LLR 319 ANDHRA PRADESH HIGH COURT
Damages are to be levied considering the period of delay, conduct and financial position of the employer.2023 LLR 316 ORISSA HIGH COURT
An appeal will not lie after a delay of 10 days. 2023 LLR 353 MADRAS HIGH COURT
Earnings not by all employees would not be treated as basic wages for contributions. 2023 LLR 344 MADRAS HIGH COURT
Installments can be permitted by High Court for the deposit of EPF dues. 2023 LLR 341 KERALA HIGH COURT
Exemption from the Act is to be granted only after consultation with Central Board. 2023 LLR 348 PATNA HIGH COURT
Production incentives depending on variable productivity will not be wages for contributions.2023 LLR 319 ANDHRA PRADESH HIGH COURT
If an employer contravenes or makes a default in complying with any of the conditions of the exemption, the deviation would be punishable.2023 LLR 348 PATNA HIGH COURT
EPF order when not sent to the proper address would justify an extension period for appeal. 2023 LLR 322 CALCUTTA HIGH COURT
Instead of 75% pre-deposit the tribunal should have considered only 10%. 2023 LLR 324DELHI HIGH COURT
For clubbing of two establishments functional interdependence would be essential.2023 LLR 327 GUJARAT HIGH COURT
Limitation Act is not applicable in filing appeals. 2023 LLR 330 KARNATAKA HIGH COURT
EPF authority to re-assess determined contributions after identification of beneficiaries. 2023 LLR 332 KARNATAKA HIGH COURT
For the determination of money, the assets and liabilities as per the balance sheet should not be conclusive. 2023 LLR 336 KERALA HIGH COURT
Beneficiaries are entitled only to interest when the EPF contributions are deposited belatedly. 2023 LLR 316 ORISSA HIGH COURT
There cannot be any strait-jacket formula of mens rea to be blindly followed in all cases.2023 LLR 336 KERALA HIGH COURT
The term, 'basic wages' does not include any dearness allowance, house rent allowance, overtime allowance or any other similar allowance. 2023 LLR 351 KARNATAKA HIGH COURT
Courtesy Labour Law Reporter.
