IMPORTANT JUDGEMENTS for December 2025

IMPORTANT JUDGEMENTS

 Forfeiture of gratuity is proper when the employee showed lack of care, caution and reasonable judgment.
2025 LLR 1317
CALCUTTA HIGH COURT

 No liability of occupier/manager when the accident was due to the negligence of the deceased worker.
2025 LLR 1325
CHHATTISGARH HIGH COURT

 Assaulting teachers and other security staff by the workmen in front of students justifies dismissal.
2025 LLR 1315
PUNJAB AND HARYANA HIGH COURT

 It is mandatory for Police and labour authorities to take action when the establishment had to close down because of illegal strike.
2025 LLR 1332
GAUHATI HIGH COURT

 Gratuity of an employee cannot be forfeited on retirement even if he failed to pay loan amount.
2025 LLR 1323
ORISSA HIGH COURT

 Labour Court's order referring to union's arguments and not that of management is liable to be set aside.
2025 LLR 1300
DELHI HIGH COURT

 No accident compensation in absence of subsistence of work and employer-employee relationship.
2025 LLR 1334
BOMBAY HIGH COURT

 Misappropriation of subsidy by a bank employee is a grave misconduct justifying dismissal.
2025 LLR 1309
ALLAHABAD HIGH COURT

 Any demand raised by ESI Authorities after five years is not sustainable.
2025 LLR 1329
BOMBAY HIGH COURT

 Widowed sister is not a dependent and cannot seek any accident compensation.
2025 LLR 1299
SUPREME COURT OF INDIA

 Only an establishment actually employing building workers is covered under the BOCW Cess Act.
2025 LLR 1313
TELANGANA HIGH COURT

 No forfeiture of gratuity before quantifying the loss suffered by the employer.
2025 LLR 1317
CALCUTTA HIGH COURT

 Enquiry before termination is mandatory even if criminal prosecution was pending against the workman.
2025 LLR 1305
BOMBAY HIGH COURT

 Defence that no loss was caused to the employer owing to employee's misconduct is unacceptable.
2025 LLR 1309
ALLAHABAD HIGH COURT

 EPF authorities cannot take any coercive action till the disposal of the appeal by the Tribunal.
2025 LLR 1350
CALCUTTA HIGH COURT

 If appeal against levy of damages is allowed, order passed w.r.t. payment of interest will go.
2025 LLR 1360
CHHATTISGARH HIGH COURT

 High Court can restore appeal before CGIT subject to deposit of costs and other conditions.
2025 LLR 1338
DELHI HIGH COURT

 Levy of damages and interest for default not justified when employer suffered continuous losses.
2025 LLR 1344
KARNATAKA HIGH COURT

 Establishment's defence of not having old record is valid when belated challenge was initiated by EPFO.
2025 LLR 1361
MADRAS HIGH COURT

 Complaint for non-submission of return cannot be made after an expiry of more than 3 years.
2025 LLR 1354
CALCUTTA HIGH COURT

 Employer not liable to produce records without knowing the identity of complainant employees.
2025 LLR 1351
KARNATAKA HIGH COURT

 Merely giving approvals does not make the Director personally liable for non-deposit of PF dues.
2025 LLR 1346
MADHYA PRADESH HIGH COURT

 An establishment cannot be covered under the EPF Act without reasonable opportunity of hearing.
2025 LLR 1339
ALLAHABAD HIGH COURT

 Actual proof of financial difficulties will have to be produced for reduction of damages.
2025 LLR 1348
MADRAS HIGH COURT

 Non-payment of the employer's contribution to EPFO before due date is a continuing offence.
2025 LLR 1354
CALCUTTA HIGH COURT

 Even if damages and interest were levied ex-parte, the order can still be challenged before CGIT.
2025 LLR 1344
KARNATAKA HIGH COURT

 Establishment not falling u/s.1(3)(a) of the EPF Act can't be covered merely on basis of available record.
2025 LLR 1339
ALLAHABAD HIGH COURT

 Commission paid to employees can be 'basic wages' depending upon facts and circumstances.
2025 LLR 1351
KARNATAKA HIGH COURT

 Two entities, even if treated as separate for assessment, can be clubbed during recovery.
2025 LLR 1341
MADRAS HIGH COURT

 Mere procedural lapses by the establishment does not automatically create criminal liability without specific evidence.
2025 LLR 1346
MADHYA PRADESH HIGH COURT

 Damages will be reduced to 25% when the quantum of the same was more than the liability u/s.7A.
2025 LLR 1353
MADRAS HIGH COURT

 Recovery certificate issued during the pendency of appeal is against the principles of natural justice.
2025 LLR 1350
CALCUTTA HIGH COURT

 No protection against illegal termination unless employer-employee relationship is established.
2025 LLR WEB 563
PATNA HIGH COURT

 Matters of coverage under ESI Act to be withdrawn and be dealt with under the Amnesty Scheme, 2025.
2025 LLR 1336
ANDHRA PRADESH HIGH COURT

 It is the right of the employer to reduce the age of superannuation of an employee from 60 to 58 years.
2025 LLR 1320
BOMBAY HIGH COURT

 Only the contractor employing building workers and not the principal employer will be liable to pay cess.
2025 LLR 1313
TELANGANA HIGH COURT

 Union's espousal, in the larger interest of workmen, is legal even if the workman was not a member.
2025 LLR 1305
BOMBAY HIGH COURT