IMPORTANT JUDGEMENTS for January 2023

IMPORTANT JUDGEMENTS

 Workers of contractors can't be employees of the principal employer in the absence of notification or adjudication.
2023 LLR 1
SUPREME COURT OF INDIA

 Dismissal will be justified for unauthorised absence and not improving habit of drinking during duty hours.
2023 LLR 62
PUNJAB AND HARYANA HIGH COURT

 Surveyors and insurance agents would not be employees to be covered under ESI and EPF Acts.
2023 LLR 16
BOMBAY HIGH COURT

 Reinstatement by Labour Court is not justified when management has offered workmen to join duty at any time.
2023 LLR 64
PUNJAB AND HARYANA HIGH COURT

 Employers can initiate disciplinary action and impose punishment upon employees, but its justi-fication can be examined by Tribunal.
2023 LLR 19
DELHI HIGH COURT

 Administrative control includes the appointment of employees, disciplinary action, managing attendance records and sanctioning of leave etc.
2023 LLR 35
HIMACHAL PRADESH HIGH COURT

 Special allowance is paid only to those who work 48 hours schedule in a week and it will not component of 'basic wages.'
2023 LLR 25
GAUHATI HIGH COURT

 Payments made to Labour Consultants, Lawyers, Engineers, Counsels, and Chartered Account-ants are not wages under the Act hence no contribution is payable.
2023 LLR 16
BOMBAY HIGH COURT

 Authority under Gratuity Act can set aside its ex-parte order.
2023 LLR 24
DELHI HIGH COURT

 The advocate's firm is not covered under ESI Act.
2023 LLR 30
GUJARAT HIGH COURT

 The principal employer is not liable to pay retrenchment compensation to the workers of the contractor.
2023 LLR 35
HIMACHAL PRADESH HIGH COURT

 Principal employers can't be directed to absorb contract workers unless the contract is a sham.
2023 LLR 1
SUPREME COURT OF INDIA

 Accident compensation is payable to dependents when the driver has died on duty.
2023 LLR 7
ANDHRA PRADESH HIGH COURT

 Merely not insisting to be represented by a legal practitioner in an inquiry under POSH Act, no one else can represent the respondent.
2023 LLR 41
KARNATAKA HIGH COURT

 Fabricated signature on gate passes is grave misconduct, attracting major punishment.
2023 LLR 55
ORISSA HIGH COURT

 An order passed under section 7-A of the Act, without identifying beneficiaries, is not tenable.
2023 LLR 74
HIMACHAL PRADESH HIGH COURT

 Recovery of the determined amount is stayed if the Presiding Officer of the EPF Tribunal is not available.
2023 LLR 72
GUJARAT HIGH COURT

 Once an establishment is covered under the Act will remain so even when number of employees is reduced below 20.
2023 LLR 86
MADHYA PRADESH HIGH COURT

 Non-speaking and unreasoned order of EPF AT is to be set aside.
2023 LLR 74
HIMACHAL PRADESH HIGH COURT

 Any officer having ultimate control over the affairs of the establishment would be the 'employer'.
2023 LLR 90
MADRAS HIGH COURT

 Employer or contractor cannot reduce the wages of the employee.
2023 LLR 81
KARNATAKA HIGH COURT

 Commission or any other similar allowance is excluded from "basic wages" if not paid to all employees universally.
2023 LLR 113
KERALA HIGH COURT

 Allowances paid to all employees will be treated as part of basic wages for EPF contributions.
2023 LLR 81
KARNATAKA HIGH COURT

 Two establishments can be separate entities for the assessment, but they will be a single estab-lishment for the purpose of recovery.
2023 LLR 90
MADRAS HIGH COURT

 An order passed by EPF Authority on the report of the Enforcement Officer is liable to be set aside.
2023 LLR 74
HIMACHAL PRADESH HIGH COURT

 Litigants cannot be rendered remediless due to the non-availability of the Presiding Officer of EPF Tribunal.
2023 LLR 84
KERALA HIGH COURT

 Deferring all recovery proceedings till final orders are passed, is appropriate in case the EPF Appellate Tribunal is not functional.
2023 LLR 85
KERALA HIGH COURT

 When the employer becomes a defaulter in remitting EPF contributions, the EPF Authority is empowered to recover from the banker.
2023 LLR 96
MADRAS HIGH COURT

 Different establishments run by the same family under common management, workplace and with 'financial integrality' will be treated as one establishment.
2023 LLR 90
MADRAS HIGH COURT

 No coercive action against defaulting employer is to be taken during the pendency of the appeal.
2023 LLR 72
GUJARAT HIGH COURT