IMPORTANT JUDGEMENTS for December 2023

IMPORTANT JUDGEMENTS

 Attendance and medical allowances are part of wages under the ID Act.
2023 LLR 1318
MADRAS HIGH COURT

 Consuming alcohol and misbehaving with passengers on duty are misconducts.
2023 LLR 1312
KARNATAKA HIGH COURT

 Maternity benefits can be extended beyond contractual term.
2023 LLR 1299
SUPREME COURT OF INDIA

 Extension of probation beyond one year against certified standing orders is non-est.
2023 LLR 1320
PUNJAB AND HARYANA HIGH COURT

 ESI authority must give a reasonable opportunity to be heard before passing an order.
2023 LLR 1327
BOMBAY HIGH COURT

 Monetary compensation in lieu of reinstatement cannot be challenged in the writ court.
2023 LLR 1310
DELHI HIGH COURT

 Mere availability of work is not evidence of illegal termination.
2023 LLR 1315
GUJARAT HIGH COURT

 Back wages are not automatic on reinstatement.
2023 LLR 1304
SUPREME COURT OF INDIA

 Temporary employee cannot remain absent for a long period even on medical grounds.
2023 LLR 1323
BOMBAY HIGH COURT

 Industrial Tribunal cannot modify minor penalties after affirming the misconduct.
2023 LLR 1312
KARNATAKA HIGH COURT

 Order against the Chairman without impleading the company is not sustainable.
2023 LLR 1307
JHARKHAND HIGH COURT

 Escaping from gainful employment for 13 years is not possible.
2023 LLR 1304
SUPREME COURT OF INDIA

 No adverse inference on non production of documents if not sought for relevant period.
2023 LLR 1315
GUJARAT HIGH COURT

 Orders of dismissal and forfeiture of gratuity need to be passed separately.
2023 LLR 1314
TELANGANA HIGH COURT

 Maternity benefits cannot be withheld on post-delivery demise.
2023 LLR 1299
SUPREME COURT OF INDIA

 Non-payment of wages on dismissal is unsustainable.
2023 LLR 1318
MADRAS HIGH COURT

 Period of sickness is to be ignored for calculating continuous service.
2023 LLR 1323
BOMBAY HIGH COURT

 Non-display of minimum wages extract at workplace is a criminal offence.
2023 LLR 1307
JHARKHAND HIGH COURT

 Principal employer is not liable to pay EPF contributions for volunteers not on its rolls.
2023 LLR 1352
KERALA HIGH COURT

 Employer cannot challenge allotment of PF Code at a belated stage
2023 LLR 1348
CALCUTTA HIGH COURT

 Issuance of inspection notice without conducting enquiry is unsustainable.
2023 LLR 1342
MADRAS HIGH COURT

 EPF Authority cannot pass an interim order imposing financial liability.
2023 LLR 1346
KERALA HIGH COURT

 Orders passed under sections 8(F) and 11(2) cannot be challenged before the Tribunal.
2023 LLR 1334
SUPREME COURT OF INDIA

 Mechanical order without manifest reasons for damages is to be set aside.
2023 LLR 1338
CALCUTTA HIGH COURT

 Functional integrity for clubbing establishments depends on the documents produced.
2023 LLR 1340
KERALA HIGH COURT

 Delay in deposit cannot be the sole factor for levy of damages.
2023 LLR 1338
CALCUTTA HIGH COURT

 Action by Authority under Sections 7Q and 14B cannot be equated with a bonafide mistake.
2023 LLR 1355
KERALA HIGH COURT

 Order of Tribunal without considering necessary documents is liable to be remanded.
2023 LLR 1340
KERALA HIGH COURT

 High Court cannot exercise jurisdiction over CGIT located in another State.
2023 LLR 1344
DELHI HIGH COURT

 Trainees are not 'employees' under the EPF Act.
2023 LLR 1343
ALLAHABAD HIGH COURT

 No fresh proceedings under section 7A if the matter had attained finality.
2023 LLR 1343
ALLAHABAD HIGH COURT

 Question of delay in filing an appeal is to be decided before merits.
2023 LLR 1354
MADRAS HIGH COURT

 Levy of damages for delay is not mandatory.
2023 LLR 1338
CALCUTTA HIGH COURT

 Order passed by EPF Authority without jurisdiction is unsustainable.
2023 LLR 1346
KERALA HIGH COURT

 Challenge to show cause notice by filing a writ petition is not maintainable.
2023 LLR 1350
ANDHRA PRADESH HIGH COURT

 Complaints for criminal proceedings must be filed within a reasonable period.
2023 LLR 1358
JHARKHAND HIGH COURT

 Writ jurisdiction is not limited only for enforcement of fundamental rights.
2023 LLR 1334
SUPREME COURT OF INDIA