IMPORTANT JUDGEMENTS for October 2023

IMPORTANT JUDGEMENTS

 Misappropriation by employees will merit loss of confidence.
2023 LLR 1108
DELHI HIGH COURT

 Workman's right of regularization cannot be waived off if worked for 240 days.
2023 LLR 1063
SUPREME COURT OF INDIA

 Workman has the right to file a criminal complaint on non-implementation of an award.
2023 LLR 1069
PUNJAB AND HARYANA HIGH COURT

 Employees of the same institution can be part of the Internal Complaint Committee.
2023 LLR 1100
CALCUTTA HIGH COURT

 Quantum of punishment cannot be interfered with by the Tribunal without recording specific reasons.
2023 LLR 1108
DELHI HIGH COURT

 Employer is under legal obligation to inform change in directors to all authorities.
2023 LLR 1069
PUNJAB AND HARYANA HIGH COURT

 Basic wages' under the FPF Act can be split into exempted allowances.
2023 LLR 1138
SUPREME COURT OF INDIA

 The gratuity authority cannot condone the delay in filing an appeal beyond 120 days.
2023 LLR 1086
MADRAS HIGH COURT

 The director having resigned prior to the raising of the industrial dispute cannot be prosecuted.
2023 LLR 1169
ORISSA HIGH COURT

 The Industrial adjudicator cannot enquire on questions not referred to it.
2023 LLR 1088
ORISSA HIGH COURT

 Termination of a probationer, not suitable for duty, would be proper.
2023 LLR 1127
DELHI HIGH COURT

 Death due to long spells of driving a truck is attributable to an accident.
2023 LLR 1066
SUPREME COURT OF INDIA

 Enquiry influenced by improper consideration would be improper.
2023 LLR 1108
DELHI HIGH COURT

 Delay in raising dispute is to be considered by moulding relief.
2023 LLR 1075
JAMMU AND KASHMIR HIGH COURT

 Secretary of the Managing Committee of the school is an ''employer'' under the POSH Act.
2023 LLR 1100
CALCUTTA HIGH COURT

 High Court cannot reappreciate and go into the adequacy of evidence.
2023 LLR 1108
DELHI HIGH COURT

 Writing order of appointment on the date of termination confers no moksha from sec. 25F(b) of the ID Act.
2023 LLR 1075
JAMMU AND KASHMIR HIGH COURT

 Settlement, unless more beneficial for workers, cannot override certified standing orders.
2023 LLR 1063
SUPREME COURT OF INDIA

 No pre-deposit for appeal under section 14B.
2023 LLR 1162
MADRAS HIGH COURT

 Recovery of EPF dues by the Authority without identification of beneficiaries is not proper.
2023 LLR 1165
MADRAS HIGH COURT

 Order of EPF authority regarding imposition of interest under section 7-Q cannot be stayed.
2023 LLR 1153
MADHYA PRADESH HIGH COURT

 EPF Tribunal can extend the limitation to a maximum of 120 days.
2023 LLR 1157
MADRAS HIGH COURT

 Trainees, engaged under standing orders, are not employees under the EPF Act.
2023 LLR 1168
MADRAS HIGH COURT

 The Tribunal can waive/reduce the pre-deposit amount under section 7-O.
2023 LLR 1162
MADRAS HIGH COURT

 No appeal against the order passed under Section 7-Q.
2023 LLR 1171
PATNA HIGH COURT

 Habitual defaulter of EPF contributions is not entitled to any relief.
2023 LLR 1165
MADRAS HIGH COURT

 Coverage of an establishment with 9 employees and 14 trainees is not proper.
2023 LLR 1147
KERALA HIGH COURT

 The chairman of the School receiving wages will be an employee under the EPF Act.
2023 LLR 1141
DELHI HIGH COURT

 The registering Authority is empowered to refuse registration of the attached property.
2023 LLR 1154
MADRAS HIGH COURT

 Writ before HC is maintainable when the Tribunal is not in functioning.
2023 LLR 1153
MADHYA PRADESH HIGH COURT

 Section 14B does not contemplate reasons for the delay in the remittance of PF contributions.
2023 LLR 1172
MADRAS HIGH COURT

 Coolies engaged in loading/unloading work would-be employees under the EPF Act.
2023 LLR 1150
KARNATAKA HIGH COURT

 Writ court cannot accede to the request of PF authority if not acted diligently.
2023 LLR 1158
MADRAS HIGH COURT

 EPF authority has to consider the amount deposited by the contractor with the principal em-ployer.
2023 LLR 1140
ORISSA HIGH COURT

 Damage levied under Section 14B is completely different from interest under section 7-Q.
2023 LLR 1172
MADRAS HIGH COURT

 Burden is upon the principal employer to prove that the contractor was paying wages to employees.
2023 LLR 1141
DELHI HIGH COURT

 Labour cess, leviable on the supply of materials and consultancy charges, is distinct from civil works.
2023 LLR 1097
JHARKHAND HIGH COURT