Reported Labour Law Judgments October 2021
No reinstatement but compensation will be appropriate on termination due to procedural defects. 2021 LLR 920 SUPREME COURT OF INDIA
Unless provided an amendment can't be retrospective.2021 LLR 917 SUPREME COURT OF INDIA
Sundays and holidays to be counted for 240 days working of an employee 2021 LLR 967 RAJASTHAN HIGH COURT
Working for 240 days for 12 months ensures job security even to a daily wager 2021 LLR 924B OMBAY HIGH COURT
Gratuity paid is exempted up to the prescribed ceiling under Income Tax. 2021 LLR 917 SUPREME COURT OF INDIA
Mere FIR for breach of trust would not justify forfeiture of gratuity. 2021 LLR 930 BOMBAY HIGH COURT
Workman must prove to have worked for 240 days in the preceding 12 months. 2021 LLR 932 DELHI HIGH COURT
Compensation instead of reinstatement would be proper when the industrial dispute has prolonged for 23 years. 2021 LLR 935 GUJARAT HIGH COURT
Termination even for habitual absence must be as per the Industrial Disputes Act. 2021 LLR 942 HIMACHAL PRADESH HIGH COURT
Maternity benefit only when the employee has put in 80 days of service 2021 LLR 964 KARNATAKA HIGH COURT
Last drawn wages during pendency of proceeding in higher Court only when dismissal is challenged. 2021 LLR 932 DELHI HIGH COURT
Writ Court can't correct factual errors in an Award. 2021 LLR 948 KERALA HIGH COURT
Appeal untenable if employer fails to deposit the amount as directed by the Court 2021 LLR 946 MADRAS HIGH COURT
Ex-parte award when set aside, the adjudication will be afresh. 2021 LLR 963 RAJASTHAN HIGH COURT
An employee exonerated by the police investigation would be reinstated pending enquiry 2021 LLR 956 PUNJAB AND HARYANA HIGH COURT
Writ Court to ensure that subordinate Court and Tribunal obey the law. 2021 LLR 948 KERALA HIGH COURT
Principal employer supervising employee of service provider has to extend maternity benefit 2021 LLR 943 ALLAHABAD HIGH COURT
Reinstatement on illegal termination of a workman to have worked for 247 days not proper after 19 years of litigations.2021 LLR 965 MADHYA PRADESH HIGH COURT
EPF
Determination of EPF contributions without identification of actual beneficiaries is not sustainable 2021 LLR 1023 ORISSA HIGH COURT
An employer can't deduct the employer’s contribution from the wage of the employee 2021 LLR 1016 CALCUTTA HIGH COURT
Stay of recovery order pending appeal on account of COVID 19 is appropriate 2021 LLR 972 ANDHRA PRADESH HIGH COURT
EPF Authority shall give opportunity of hearing to petitioner before passing orders in the review.2021 LLR 1015 TELANGANA HIGH COURT
Amount recovered by EPF authority to be credited to the respective account of beneficiaries 2021 LLR 1010 MADRAS HIGH COURT
Without establishing employer-employee relationship raising demand for EPF dues is not sustainable 2021 LLR 1000 MADRAS HIGH COURT
Imposing damages, without establishing mens rea or financial crisis faced by employer, is not proper2021 LLR 998 MADRAS HIGH COURT
Where payment is linked to a special incentive or extra work, it will not constitute ''basic wages'' 2021 LLR 1010 MADRAS HIGH COURT
An order passed under sections 7A and 7Q of Act together, is a composite hence appealable. 2021 LLR 984 DELHI HIGH COURT
Recovery by EPF Authority without notice to employer or without waiting for limitation for filing appeal is illegal. 2021 LLR 974 BOMBAY HIGH COURT
Dismissal of review application by the EPF Authority, without notice to employer, is set aside. 2021 LLR 976 BOMBAY HIGH COURT
Recovery order or attachment of bank account of employer by EPF Authority during pendency of appeal is to be avoided. 2021 LLR 972 ANDHRA PRADESH HIGH COURT
No limitation is prescribed for recovering arrears of dues from the employer. 2021 LLR 991 ORISSA HIGH COURT
Special allowances are ''basic wages'' (a) if not variable; (b) if not linked to incentive. 2021 LLR 1010 MADRAS HIGH COURT
Judicial authorities ought to consider the documents on the record submitted through any mode including email.2021 LLR 1013 TELANGANA HIGH COURT
Staying ex-parte order subject to deposit of Rs.300,000/- is within the jurisdiction of the High Court. 2021 LLR 1022 CALCUTTA HIGH COURT
An ex-parte order imposing damages and interest without hearing the employer is to be set aside. 2021 LLR 1022 CALCUTTA HIGH COURT
Courtesy: Labour Law Reporter.
