IMPORTANT JUDGEMENTS for November 2025

IMPORTANT JUDGEMENTS

 An administrative decision causing inconvenience to the woman is not sexual harassment.
2025 LLR 1181
SUPREME COURT OF INDIA

 No employer-employee relationship even when contract labourer was working under the direc-tions of the principal employer.
2025 LLR 1194
ORISSA HIGH COURT

 Mere single incident of losing temper cannot be the sole reason to deny reinstatement.
2025 LLR 1232
TELANGANA HIGH COURT

 ESI liability on the basis of labour component is proper when the employer withheld material records.
2025 LLR 1216
KARNATAKA HIGH COURT

 Gratuity is payable when honorarium is being paid to workers at the end of every month.
2025 LLR 1202
BOMBAY HIGH COURT

 Settlement will not be invalid merely because some members of the trade union are unhappy with it.
2025 LLR 1236
MADRAS HIGH COURT

 Workman has the right to be represented by a non-employee union representative in an enquiry.
2025 LLR 1185
DELHI HIGH COURT

 Conciliation Officer has no powers to issue directions or advice to the management.
2025 LLR 1211
ALLAHABAD HIGH COURT

 Payment of bonus as per an incentive scheme cannot be equated with statutory bonus.
2025 LLR 1228
MADRAS HIGH COURT

 Imposing ESI liability on the basis of original employee strength is wrong when the number got reduced.
2025 LLR 1198
JHARKHAND HIGH COURT

 Mere filing of return or deposit of BOCW Cess is not sufficient but is subject to the authori-ty's satisfaction.
2025 LLR 1208
MADHYA PRADESH HIGH COURT

 No reinstatement to contractual employee merely because she was granted maternity benefits.
2025 LLR 1220
DELHI HIGH COURT

 No regularization with the principal employer even when contractors were changing continu-ously.
2025 LLR 1194
ORISSA HIGH COURT

 Gratuity cannot be denied merely because the employee did not make an application before the employer.
2025 LLR 1202
BOMBAY HIGH COURT

 Employee would not be guilty of insubordination when he was deliberately provoked by the management.
2025 LLR 1232
TELANGANA HIGH COURT

 Findings on employer-employee relationship w.r.t. one enactment will be binding on other enactments.
2025 LLR 1192
KARNATAKA HIGH COURT

 IC cannot decide on whether the aggrieved woman had tarnished the reputation of the establishment.
2025 LLR 1242
ALLAHABAD HIGH COURT

 No cognizance of complaint made after one month for non-maintenance of minimum wage records.
2025 LLR 1206
GUJARAT HIGH COURT

 No PF liability when employees entered into an ID Act settlement for foregoing PF benefits.
2025 LLR 1261
MADRAS HIGH COURT

 Exemption cannot be cancelled without giving opportunity of hearing to the exempted establishment.
2025 LLR 1270
CALCUTTA HIGH COURT

 Limitation to be counted from when the establishment got order through RTI, when it wasn't shared.
2025 LLR 1297
BOMBAY HIGH COURT

 No damages on the basis of the alleged admission by the employer when there were no findings on delay.
2025 LLR 1277
CALCUTTA HIGH COURT

 Joint option application valid even though trust rules do not provide for higher pension contribution.
2025 LLR 1288
MADRAS HIGH COURT

 Disbursement of PF dues from trust is mandatory once the external auditor has given his findings.
2025 LLR 1246
BOMBAY HIGH COURT

 No direction to pay PF dues when EPFO was aware that the EPF Scheme is not applicable to employer.
2025 LLR 1264
KARNATAKA HIGH COURT

 Merely noting that matter was heard isn't enough when no discussion could be found in EPFO's order.
2025 LLR 1255
CALCUTTA HIGH COURT

 No benefits can be denied to employees by EPFO merely because there was some data mis-match and 7A proceedings were pending.
2025 LLR 1246
BOMBAY HIGH COURT

 Limitation cannot be enlarged even when difficulty was caused due to shifting of CGIT to an-other State.
2025 LLR 1267
MADRAS HIGH COURT

 The authority cannot levy damages to 'meet the increasing cost of administration'.
2025 LLR 1277
CALCUTTA HIGH COURT

 Tribunal's order, even if it had findings on mens rea, cannot be challenged by EPFO after 9 years.
2025 LLR 1252
MADRAS HIGH COURT

 Stay order passed cannot be a bar for EPF Authority to make a fresh demand.
2025 LLR 1282
GAUHATI HIGH COURT

 No assessment without disclosing the details of the employees i.e., their number and salary etc.
2025 LLR 1263
CALCUTTA HIGH COURT

 Amendment of trust rules not mandatory when PF Scheme is amended.
2025 LLR 1288
MADRAS HIGH COURT

 Recovery under the EPF Act can be made from the money received by the employer from any source.
2025 LLR 1282
GAUHATI HIGH COURT

 Order passed under Section 7A of EPF Act, without notice to the employer, is not sustainable.
2025 LLR 1274
MADRAS HIGH COURT

 High Court cannot enlarge the limitation beyond the period statutorily provided.
2025 LLR 1267
MADRAS HIGH COURT

 Limitation Act cannot be applied to appeals under the Payment of Wages Act.
2025 LLR WEB 548
JAMMU & KASHMIR HIGH COURT

 A Police Academy is an 'industry' under section 2(j) of the ID Act.
2025 LLR WEB 549
BOMBAY HIGH COURT

 The findings of preliminary issue of enquiry cannot influence further proceedings.
2025 LLR WEB 550
KARNATAKA HIGH COURT

 The issue of entitlement of leave encashment cannot be dealt with under section 33C(2) of the ID Act.
2025 LLR WEB 551
GUJARAT HIGH COURT

 LIC Development Officers are not workmen.
2025 LLR WEB 552
GUJARAT HIGH COURT

 The question as to whether the person raising the dispute qualifies as a 'workman' under Section 2(s) of the Act cannot be decided by the Appropriate Government at the stage of making a reference under Section 10.
2025 LLR WEB 553
GUJARAT HIGH COURT

 Workman can claim reinstatement only after producing details with respect to the employer-employee relationship and payment of wages.
2025 LLR WEB 554
GUJARAT HIGH COURT

 Medical Representatives, not being workmen, cannot raise industrial disputes.
2025 LLR WEB 555
DELHI HIGH COURT

 No belated application for claim of unpaid wages without giving reasons for delay.
2025 LLR WEB 556
CALCUTTA HIGH COURT

 A dispute of whether a person should or should not be admitted as a member of a trade union can be dealt with by the Civil Court.
2025 LLR WEB 557
BOMBAY HIGH COURT

 Provisions under the EPF Scheme pertaining to international workers are constitutional.
2025 LLR WEB 558
DELHI HIGH COURT

 Bonus payable to the employees is a statutory mandate irrespective of any specific demand made on the side of the employees.
2025 LLR WEB 559
MADRAS HIGH COURT

 Even retired and retrenched employees can be office bearers of trade unions.
2025 LLR WEB 560
CALCUTTA HIGH COURT

 There is no illegality in making student representatives a part of the IC when the sexual harassment complaint was made by a student.
2025 LLR WEB 561
DELHI HIGH COURT

 Factory workers are excluded from the ambit of labour cess.
2025 LLR WEB 562
TELANGANA HIGH COURT