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>> IMPORTANT JUDGEMENETS
Termination in exercise of contractual right is not per se dismissal or removal.
- SUPREME COURT OF INDIA
Provisions of Maternity Benefit Act would be attracted even if the woman was on probation.
- HIMACHAL PRADESH HIGH COURT
Workman cannot challenge termination before the Civil Court and the Labour Court parallelly
- GUJARAT HIGH COURT
Tribunal cannot reduce punishment merely on the basis of the family background of the delinquent.
- MADRAS HIGH COURT
Principal employer cannot be held liable for payment of wages without first fastening liability upon the contractor.
- JAMMU & KASHMIR AND LADAKH HIGH COURT
No violation of natural justice when both sides were allowed to engage lawyers in the enquiry.
- KERALA HIGH COURT
Application under section 33C(2) of the ID Act can be made for claiming bonus.
- DELHI HIGH COURT
Territorial jurisdiction will be at the last working place even if termination was served in some other place
- ALLAHABAD HIGH COURT
A works contract for construction of road is not a contract for supply of labour under the CLRA Act.
- JAMMU & KASHMIR AND LADAKH HIGH COURT
Police can take action against the striking workers in case functioning of the factory is hampered.
- MADRAS HIGH COURT
Scope of reference cannot be sought to be amended by the workers.
- GUJARAT HIGH COURT
Order passed by the ESI authorities without serving any notice to the establishment would be set aside.
- ORISSA HIGH COURT
The party who accepts payment under full and final settlement is not entitled to challenge it.
- KARNATAKA HIGH COURT
Employer cannot be made liable for breach of settlement in the absence of any such settlement.
- SUPREME COURT OF INDIA
Dismissal to be set aside when disciplinary authority didn”t give disagreement notice with the enquiry officer.
- RAJASTHAN HIGH COURT
Workman cannot be reinstated in an establishment which has been closed for 22 years.
- MADRAS HIGH COURT
Court can go behind the termination order to determine if it is stigmatic.
- SUPREME COURT OF INDIA
Compensation paid by employer on direction of the Court cannot be refunded even if award is set aside.
- KARNATAKA HIGH COURT
EPF Authority is bound to consider the contention that gross salary of employees is above ceiling limit.
- KARNATAKA HIGH COURT
EPF will be liable to be remitted on holiday wages made to the employees.
- KERALA HIGH COURT
Appeal cannot be entertained unless the amount determined under section 7-Q is deposited.
- BOMBAY HIGH COURT
EPF Authorities can recover entire amount if the employer fails to pay any one installment.
- MADRAS HIGH COURT
EO’s report will be accepted when the employer did not discredit it even after sufficient opportunity.
- KERALA HIGH COURT
Reducing damages imposed on a non-profit trust, when entire amount had already been paid, is proper.
- KARNATAKA HIGH COURT
High Court can restore appeal before the Tribunal when it was dismissed in default.
- TELANGANA HIGH COURT
EPF Authorities to not initiate coercive action when appeal is pending before the vacant CGIT.
- KERALA HIGH COURT
Interest will have to be paid when employer fails to send claim application of the leaving employee.
- ALLAHABAD HIGH COURT
High Court can permit filing of appeal after maximum limitation when summons were not served.
- BOMBAY HIGH COURT
Attendance allowance and performance allowance are excluded from ”basic wages” under the EPF Act
- KARNATAKA HIGH COURT
Mere common ownership when salaries were paid separately wouldn”t lead to clubbing of establishments.
- DELHI HIGH COURT
Order passed under 7Q of the EPF Act, without providing personal hearing, is illegal.
- Telangana HIGH COURT
EPF authority cannot attach personal bank account of the Director for recovery of EPF dues.
- MADRAS HIGH COURT
Show cause notice issued by EPF Authorities without jurisdiction will be quashed.
- CHHATTISGARH HIGH COURT
Employer is not liable to pay EPF dues to workers of the contractor when they have not been identified.
- TELANGANA HIGH COURT
Condition of depositing some amount for staying orders under sections 14B and 7Q is valid if made to protect the interest of employees.
- ALLAHABAD HIGH COURT
Assessment would be set aside in the absence of finding about joint declaration for coverage.
- KARNATAKA HIGH COURT