December 2024

Important Judgments Delivered in the Month of December

IMPORTANT JUDGEMENTS

No relief when workman abandoned services and joined someone else during pendency of enquiry.

SUPREME COURT OF INDIA

Charitable institution, with the object of helping orphaned children, is not ”industry” under the ID Act.

DELHI HIGH COURT

Stealing property and disrupting work by calling union members are grave misconducts.

BOMBAY HIGH COURT

Special incentive paid temporarily for bearing additional expenses during pandemic is not ‘wages’ under ESI Act.

DELHI HIGH COURT

Principle of ‘first come – last go’ is not applicable when employees were not similarly situated.

MADHYA PRADESH HIGH COURT

The new contractor cannot be forced to engage workers of the previous contractor.

GAUHATI HIGH COURT

Children’s education related difficulties cannot be a ground to avoid compliance of transfer order.

DELHI HIGH COURT

Mere filing of affidavit by the workman that he worked for more than 240 days is not sufficient.

MADHYA PRADESH HIGH COURT

No employer-employee relationship in the absence of appointment letter and day-to-day work.

DELHI HIGH COURT

No parallel prosecution when proceedings relating to an offence under the Factories Act are pending.

KARNATAKA HIGH COURT

Even if no inquiry has been held by an employer, the Tribunal has to give an opportunity to the employer and employee to adduce evidence before it.

GUJARAT HIGH COURT

Forfeiture of gratuity is proper when employee was terminated for causing embezzlement.

GUJARAT HIGH COURT

Writ petition would not lie when the appropriate Government refused to abolish engagement of contract labour with respect to a particular service.

ORISSA HIGH COURT

Contractual employees are entitled to maternity leave under Maternity Benefit Act however, honorarium for such leave may be denied if prescribed by specific departmental policies.

MADHYA PRADESH HIGH COURT

Prolonged delays in industrial disputes warrant equitable compensation rather than regularization when workmen have reached superannuation or disengagement is long-standing.

JHARKHAND HIGH COURT

Withdrawal of reference extinguishes right to re-agitate issue, barring subsequent claims for relief under ID Act.

HIMACHAL PRADESH HIGH COURT

Jurisdiction for recovery of money under the Working Journalists Act is determined by situs of the cause of action, including where a substantial part of employment occurred.

DELHI HIGH COURT

Notice to the Govt. not necessary at time of retrenchment when notice pay and compensation are paid.

MADHYA PRADESH HIGH COURT

Additional amount paid to deprive the employee of social security schemes should not be considered.

DELHI HIGH COURT

Plea of forced resignation cannot be taken when the same was not obtained on a blank paper.

ALLAHABAD HIGH COURT

Demand notice beyond a reasonable period is bad in the eye of law.

PUNJAB & HARYANA HIGH COURT

No Interest on delayed gratuity if it was owing to employee’s fault and authority’s permission was taken.

GUJARAT HIGH COURT

Benefits under the BOCW Act cannot be suspended during elections.

BOMBAY HIGH COURT

Unauthorised absence and not replying to management’s letters warrants termination.

SUPREME COURT OF INDIA

A person engaged in construction of a building would be entitled to accident compensation.

ALLAHABAD HIGH COURT

Employer can reduce his contribution from over and above the statutory rate back to the ceiling limit.

GUJARAT HIGH COURT

Tribunal can direct pre-deposit only as a conditional order for grant of stay of S.14B order.

MADRAS HIGH COURT

No FIR to be filed against the establishment when proceedings under section 7A were pending.

BOMBAY HIGH COURT

Trainees performing the same work as regular employees would be covered under the EPF Act.

KERALA HIGH COURT

A person who was not the occupier/manager during the period of default cannot be held liable when there was no transfer of establishment.

PUNJAB & HARYANA HIGH COURT

No damages can be levied when employer had to divert funds to save the industry and employees.

MADRAS HIGH COURT

The principles of natural justice are explicit in section 14B of the EPF Act itself.

KERALA HIGH COURT

Retaining allowance is ‘basic wages’ under the EPF Act.

BOMBAY HIGH COURT

Order dismissing review application without considering error on the face of record to be set aside.

DELHI HIGH COURT

Writ challenging damages and interest pending before the HC for a long time would not be remanded back.

MEGHALAYA HIGH COURT

Proceedings for imposition of interest would be stayed when the order imposing damages was stayed.

MADHYA PRADESH HIGH COURT

Drivers and accountants, paid regular wages in the name of stipend, are ’employees’ under the EPF Act.

KERALA HIGH COURT

Recovery through all persons connected with the defaulting establishment can be ordered.

TELANGANA HIGH COURT

Show cause notice cannot be challenged in when there was violation any principle of law.

GAUHATI HIGH COURT

Rejecting request for adjournment and imposing damages without hearing would be illegal.

KERALA HIGH COURT

Employee can’t enforce employer’s voluntary contribution of larger amounts as statutory obligation.

GUJARAT HIGH COURT

Interest imposed under Section 7-Q of the EPF Act cannot be waived of or reduced.

KERALA HIGH COURT

EPF Authorities can attach bank account if the S.7A order was not challenged within the limitation period.

KARNATAKA HIGH COURT