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>> IMPORTANT JUDGEMENTS
Employee’s chat on private ‘WhatsApp’ group would not attract disciplinary enquiry.
- KERALA HIGH COURT
A person who handles administration work independently and provides completion reports is a supervisor.
- DELHI HIGH COURT
Disciplinary proceedings cannot continue beyond the age of superannuation.
- CALCUTTA HIGH COURT
Provisions of the PoSH Act and Rules providing for appeal are not ultra vires to each other.
- TELANGANA HIGH COURT
A trainee, not being an apprentice, is an employee for the purposes of claiming gratuity.
- CALCUTTA HIGH COURT
Relocation of office will not require the management to give notice of change of conditions of service.
- MADRAS HIGH COURT
An employee cannot be deprived of leave encashment which is akin to salary.
- BOMBAY HIGH COURT
Working for a long period on contract basis does not create a right to be appointed on regular basis.
- CALCUTTA HIGH COURT
Providing separate hearing to the employee on proposed punishment is not mandatory.
- KERALA HIGH COURT
Accounts Executive is not a ‘workman’ under section 2(s) of ID Act.
- TELANGANA HIGH COURT
Differing opinions of the disciplinary authority and enquiry officer will lead to vitiation of enquiry.
- CALCUTTA HIGH COURT
Employee is entitled to raise an industrial dispute before the Courts at the place of his transfer alone.
- TELANGANA HIGH COURT
Violation of the provisions of CLRA Act would lead to penal consequences and not regularization.
- JHARKHAND HIGH COURT
Mere tendering of apology by employee does mean that he has admitted the charges.
- KERALA HIGH COURT
Intentional murder of person in course of employment would not entitle him to accident compensation.
- JAMMU & KASHMIR AND LADAKH HIGH COURT
Plea of abandonment of services cannot be taken when workman expressed willingness to work.
- DELHI HIGH COURT
Absorption after completion of training would not lead to break in service for payment of gratuity.
- CALCUTTA HIGH COURT
Parties cannot approach the High Court against an order of the Compensation Commissioner.
- DELHI HIGH COURT
High Court can stay recovery of interest amount subject to deposit of some amount.
- MADHYA PRADESH HIGH COURT
Assessing Officer cannot reject the report submitted by the EO in the absence of documents to the contrary.
- JHARKHAND HIGH COURT
Plea that only the Board of Trustees is empowered to reduce damages and not the CGIT is incorrect.
- HIMACHAL PRADESH HIGH COURT
Financial position of the establishment cannot be linked to delay in making PF contributions.
- TELANGANA HIGH COURT
Clubbing of companies is proper when one of them is a 100% owned subsidiary of the other.
- PUNJAB AND HARYANA HIGH COURT
No relief in terms of damages imposed in the absence of breach of employer’s fundamental right.
- TELANGANA HIGH COURT
An employer cannot retrospectively contribute to the pension fund in excess of the statutory limits after the employees have retired from service.
- KERALA HIGH COURT
An employee cannot be permitted to change date of birth after retirement.
- KARNATAKA HIGH COURT
Industrial Tribunal and not the Writ Court can direct absorption of casual workers.
- ORISSA HIGH COURT
Review of dismissal of writ petition seeking to challenge order of Industrial Tribunal not allowed in the absence of apparent error.
- DELHI HIGH COURT
Not recording of reason by the ESI Court for not reducing the mandatory pre deposit cannot be challenged before the High Court.
- CALCUTTA HIGH COURT
Interest on delayed payment of gratuity is to be granted to the employee even without specific claim.
2024 LLR WEB 277
GUJARAT HIGH COURT
Workmen are not entitled to separate representation when already represented by the Secretary of the Union which espoused their cause.
GUJARAT HIGH COURT
Employees cannot claim parity with the employees reengaged for implementation of an award passed by the Labour Court.
- ORISSA HIGH COURT
Application for suspension of long-term suspension, even in sexual harassment cases, should be taken into consideration by the authorities.
- RAJASTHAN HIGH COURT
There is no prohibition against the principal employer or the contractor agreeing that one of them would reimburse the other discharge of the statutory liability under the Cess Act.
- DELHI HIGH COURT
There is no manner in which a person can prove he is unemployed because the negative cannot be established.
- ORISSA HIGH COURT
It will always be presumed that the workman has worked continuously, unless the contrary is proved.
- MADRAS HIGH COURT
Dispute touching the business of a society cannot be intermingled with the dispute pertaining to employment.
- ALLAHABAD HIGH COURT
Mere completion of 240 days of service cannot be a factor for granting of benefit of permanency to temporary employees.
- BOMBAY HIGH COURT
Even if the employee accepted the compensation amount, he can still question the validity of the retrenchment.
- MADRAS HIGH COURT
Once the PF account has become inoperative, no interest can be accrued.
- MADRAS HIGH COURT
No appeal can be filed against the order of the Compensation Commissioner on the question of monthly wages of the deceased employee.
- PATNA HIGH COURT
Summons can be issued against the occupier only after establishing prima facie violation of the Factories Act.
- BOMBAY HIGH COURT
Funding has nothing to do with the criminal prosecution sought under the BOCW Act.
- PUNJAB AND HARYANA HIGH COURT
Principal employer is duty bound to deduct and deposit provident fund, if contractor does not possess PF account.
- BOMBAY HIGH COURT
Cooperative Societies are not excluded from the ambit of the Maternity Benefit Act.
- KERALA HIGH COURT
Merely on the ground that it is not the worker’s responsibility to do certain work, cannot be a ground to interfere with the punishment imposed.
- MADRAS HIGH COURT
Assistant Labour Commissioner can issue recovery of the money due to the workmen from an employer under the settlement.
- ALLAHABAD HIGH COURT
Tribunal cannot direct the employer to pre-deposit any part of the determined damages at the time of appeal.
- KARNATAKA HIGH COURT
APFC cannot alter the liability period without issuing Show Cause Notice for such period.
- HIMACHAL PRADESH HIGH COURT
Mess run by orphanage cannot be excluded from the ambit of the EPF Act.
- DELHI HIGH COURT
Unless there is a deduction made by an employer, he cannot be prosecuted for criminal breach of trust.
- KARNATAKA HIGH COURT
Show cause notice for recovery of dues cannot be assailed when section 7A order was not challenged initially.
- DELHI HIGH COURT
HC can order for defreezing of defaulting establishment’s bank account for payment of employees’ salaries.
- TELANGANA HIGH COURT
Trainees being paid wages, and not stipend, are employees’ under the EPF Act.
- KARNATAKA HIGH COURT
President and Secretary of the establishment cannot be taken as employees under the EPF Act.
- JHARKHAND HIGH COURT
Limitation is to be calculated from the date of knowledge of the order when the EPFO failed to share the same.
- KERALA HIGH COURT
Employer cannot object to certain allowances being considered as basic wages at a later stage.
- MADRAS HIGH COURT
Secretary and founder trustee of a trust are not employers under the EPF Act.
- KARNATAKA HIGH COURT
Employer is entitled to submit representation before the EPF authority for defreezing bank account.
- TELANGANA HIGH COURT