November 2024

Important Judgments Delivered in the Month of November

IMPORTANT JUDGEMENTS

Employee having officers senior to him but supervising work of two juniors would not be a ‘workman’.

SUPREME COURT OF INDIA

Amount misappropriated by the employee cannot be recovered from gratuity.

MADHYA PRADESH HIGH COURT

Acquittal in criminal case would not nullify punishment awarded in the departmental proceedings.

PUNJAB & HARYANA HIGH COURT

Workman cannot directly approach the Supreme Court for relief against termination.

SUPREME COURT OF INDIA

Civil Court can grant reinstatement and back-wages in exceptional cases.

BOMBAY HIGH COURT

Termination for embezzlement is not disproportionate when employee was implicated in 52 enquiries.

PUNJAB AND HARYANA HIGH COURT

Management can prohibit the employee from entering its premises during pendency of enquiry.

CALCUTTA HIGH COURT

Reinstatement when there was no criminal prosecution but workman was found guilty in en-quiry is unjustified.

GUJARAT HIGH COURT

Revocation of joining of a new employee would be set aside when he was able to furnish his relieving letter.

DELHI HIGH COURT

Enquiry is mandatory even if services of a casual employee are to be terminated for miscon-duct.

CALCUTTA HIGH COURT

Personal information of a private employee cannot be disclosed under the RTI Act.

DELHI HIGH COURT

PF has to be deposited by the employer as per the due date under the EPF Act and not the In-come Tax Act.

RAJASTHAN HIGH COURT

Bank cannot utilize the amount of the establishment when order for freezing the account was passed.

MADRAS HIGH COURT

Pre-deposit is not mandatory in appeal before Tribunal against order of damages.

KARNATAKA HIGH COURT

No damages when delay was not intentional and bonafides of the establishment were clear.

RAJASTHAN HIGH COURT

Employees are entitled to be paid interest on EPF account upto the date of payment.

PATNA HIGH COURT

Principal employer is only required to pay EPF dues when the contractor fails.

PUNJAB AND HARYANA HIGH COURT

Employer has to submit complete financial records and not extracts before EPF Authorities.

KERALA HIGH COURT

EPF Authorities have to consider contentions of the establishment even in 7Q proceedings.

KARNATAKA HIGH COURT

EPF Authorities cannot take action when the High Court had granted further time to deposit dues.

ANDHRA PRADESH HIGH COURT

Sufficient opportunity must be provided by EPFO to the establishment for submitting relevant records.

TELANGANA HIGH COURT

The provisions qua damages under the EPF Act are not mandatory provisions.

PUNJAB AND HARYANA HIGH COURT

Plea of exemption cannot be taken before the HC when it was not taken before the EPF Authori-ties.

MADRAS HIGH COURT

Contractor has to submit details to the principal employer of PF paid to its employees every month.

MADHYA PRADESH HIGH COURT

Incorrect order of the Tribunal cannot be set aside if the establishment does not challenge the same.

MADRAS HIGH COURT

Right of the employees to be paid interest on PF dues cannot be denied on the ground of delay.

PATNA HIGH COURT

That once the criminal complaint has been lodged by the Factory Inspector, the police lose their jurisdiction to investigate the same matter.

BOMBAY HIGH COURT

In absence of proof to show that the employee was allowed to retire irrespective of the pending charges, there would be no entitlement of interest under on gratuity from the expiry of one month from the date of his attaining the age of superannuation.

MADRAS HIGH COURT

A person cannot be prosecuted under the Factories Act and IPC simultaneously.

BOMBAY HIGH COURT

When the principal employer exercised control and supervision over the employees of the contractor and the same persons were working under the principal employer for many years, the principal employer would be liable to pay gratuity to the employees.

BOMBAY HIGH COURT

Regularization of daily wage employees requires fulfillment of twin conditions: employment on sanctioned post and proper initial appointment by competent authority.

KERALA HIGH COURT

Back wages will not be granted if the workman did not prove that he was not gainfully employed.

CALCUTTA HIGH COURT

HC cannot issue direction prohibiting workers from going on strike.

MADRAS HIGH COURT

Violation of retrenchment mandates under Sections 25G and 25H of ID Act entitles workman to reinstatement with continuity and seniority in service.

HIMACHAL PRADESH HIGH COURT

Reinstatement with back wages can be denied when demand notice was served after 6 years.

HIMACHAL PRADESH HIGH COURT

Proceedings under the POSH Act can also be done through video conferencing.

DELHI HIGH COURT

Documents relating to pending criminal cases between the management and employee will not be taken on record belatedly if are not relevant to the industrial dispute.2024
CALCUTTA HIGH COURT

Factum of payment of wages as well as contribution towards 1948 Act and 1952 Scheme to be considered while establishing employer-employee relationship.

PUNJAB & HARYANA HIGH COURT

No adverse inference against the management for non-production of muster roll, when the workman admitted that he had never summoned the relevant muster roll himself.

RAJASTHAN HIGH COURT

EPFO will have to move its claims for damages and interests before liquidator in case of a cooperative society in Himachal Pradesh.

HIMACHAL PRADESH HIGH COURT

The terms and conditions of offer of appointment and the remuneration received can be used to prove that the workman was working for 240 days.

GUJARAT HIGH COURT

Gratuity cannot be forfeited when employee has superannuated from service.

ORISSA HIGH COURT

No reinstatement when Labour Court came to the conclusion that there was no violation of ID Act.

GUJARAT HIGH COURT

Misconduct stands proven when the workman does not challenge the enquiry report.

PUNJAB & HARYANA HIGH COURT

Conciliation Officer cannot keep conciliation proceedings pending for long in the absence of the Union.

MADRAS HIGH COURT

Compensation in lieu of reinstatement with back-wages is proper when workman was gainfully employed.

BOMBAY HIGH COURT

Labour Court cannot reduce punishment other than discharge/dismissal under s.11-A of the ID Act

PUNJAB & HARYANA HIGH COURT

Management’s evidence on nature of duties will be considered in absence of employ-ee’s evidence.

SUPREME COURT OF INDIA

Daily wage services will be considered for calculating continuous service for payment of gratuity.

ALLAHABAD HIGH COURT

Remuneration and allowances paid to part time employees on monthly basis are ‘basic wages’ under the Act.

MADRAS HIGH COURT

Order passed under Section 7-A of the EPF Act cannot be challenged after a delay of 10 years.

MADRAS HIGH COURT

There has to be clarity with respect to the period of default in the orders of the PF Authorities.

KARNATAKA HIGH COURT