IMPORTANT JUDGEMENTS for November 2023

IMPORTANT JUDGEMENTS

 Back wages on reinstatement of a workman is not a rule of thumb.
2023 LLR 1236
DELHI HIGH COURT

 Transfer of an employee is an incident of service.
2023 LLR 1216
DELHI HIGH COURT

 Payment of Bonus (Amendment) Act, 2015 can be applied retrospectively.
2023 LLR 1202
PATNA HIGH COURT

 Forcibly signing on attendance sheet and assaulting officer are misconducts.
2023 LLR 1191
JHARKHAND HIGH COURT

 Labour Court's Award cannot be challenged under Article 226.
2023 LLR 1184
JAMMU AND KASHMIR HIGH COURT

 Advocates cannot represent parties before Labour Courts/Tribunals as a matter of right.
2023 LLR 1181
SUPREME COURT OF INDIA

 Taking lenient view by the Labour Court could amount to misplaced sympathy.
2023 LLR 1209
HIMACHAL PRADESH HIGH COURT

 Non-supply of enquiry report with show cause notice is invalid.
2023 LLR 1230
ALLAHABAD HIGH COURT

 Four-year belated award can''t be challenged.
2023 LLR 1236
DELHI HIGH COURT

 Acquittal of employee does not debar the employer from conducting enquiry.
2023 LLR 1191
JHARKHAND HIGH COURT

 An enforceable award is not necessarily binding.
2023 LLR 1206
ORISSA HIGH COURT

 Regularization cannot be claimed as a matter of right by a worker.
2023 LLR 1222
DELHI HIGH COURT

 Order of reinstatement even after fair enquiry is improper.
2023 LLR 1191
JHARKHAND HIGH COURT

 Piece-meal workers are also workmen under the ID Act.
2023 LLR 1184
JAMMU AND KASHMIR HIGH COURT

 Suing in respect of omitted claim is not allowed afterwards.
2023 LLR 1236
DELHI HIGH COURT

 Labour Court ought not to interfere with penalty for forged documents imposed on workmen.
2023 LLR 1209
HIMACHAL PRADESH HIGH COURT

 Situs of employment is relevant for raising disputes.
2023 LLR 1216
DELHI HIGH COURT

 Adjudicator can entertain an ex parte award even after 30 days post-publication.
2023 LLR 1206
ORISSA HIGH COURT

 Dismissal of a workman is not incidental to the proceedings under Section 33-C (2) of Industrial Disputes Act.
2023 LLR 1249
JAMMU AND KASHMIR HIGH COURT

 Assessing contributions for unidentified employees is untenable.
2023 LLR 1271
HIMACHAL PRADESH HIGH COURT

 Denial of opportunity for cross-examination of the Enforcement Officer is illegal.
2023 LLR 1284
MADRAS HIGH COURT

 Clubbing of units of two different owners is invalid.
2023 LLR 1278
KARNATAKA HIGH COURT

 EPF deposit can be affected only on a date following the national holiday.
2023 LLR 1269
DELHI HIGH COURT

 The actual employer is to be summoned during 7A proceedings.
2023 LLR 1288
ORISSA HIGH COURT

 No EPF liability without determining employer-employee relationship.
2023 LLR 1271
HIMACHAL PRADESH HIGH COURT

 Principal/Vice Principal, not drawing any wages, are not employees under the EPF Act.
2023 LLR 1256
BOMBAY HIGH COURT

 Prescribed imposition of penalty is not necessary.
2023 LLR 1282
MADRAS HIGH COURT

 An ex parte award not based on facts is illegal.
2023 LLR 1287
MADRAS HIGH COURT

 Instalments are to be allowed on the demise of the proprietor and financial crisis
2023 LLR 1274
JHARKHAND HIGH COURT

 Order by Tribunal without territorial jurisdiction is unsustainable.
2023 LLR 1262
CHHATTISGARH HIGH COURT

 Belated deposit of damages can be reduced when not deliberate.
2023 LLR 1282
MADRAS HIGH COURT

 PF Authority's order neglecting employer''s grievance is unsustainable.
2023 LLR 1288
ORISSA HIGH COURT

 Drivers of buses hired through contractors will be covered under the EPF Act.
2023 LLR 1256
BOMBAY HIGH COURT

 Exemption is permissible only to already covered establishments.
2023 LLR 1258
CALCUTTA HIGH COURT

 No limitation in imposing damages and interest for delayed deposit of PF dues.
2023 LLR 1296
TELANGANA HIGH COURT

 Judicial review permissible only against decision making process and not the decision.
2023 LLR 1258
CALCUTTA HIGH COURT

 Failure to remit instalments timely will merit coercive action.
2023 LLR 1274
JHARKHAND HIGH COURT

 Press release as an advisory on a policy decision not binding.
2023 LLR 1263
DELHI HIGH COURT