IMPORTANT JUDGEMENTS for April 2023

IMPORTANT JUDGEMENTS

 13 instead of 8% bonus directed to be paid since employer's family members got hefty salaries resulting zero allocable surplus.
2023 LLR 371
MADRAS HIGH COURT

 Abusive language against his senior is a grave misconduct.
2023 LLR 397
MADRAS HIGH COURT

 Reinstatement of a daily wager even when having worked for 240 days would not be proper.
2023 LLR 410
PUNJAB AND HARYANA HIGH COURT

 Rs.1 lakh to be paid as cost to the complainant for employer's error in constituting internal committee under POSH Act.
2023 LLR 414
DELHI HIGH COURT

 Transfer for administrative reasons is incident of service since no employee has right to work at one place.
2023 LLR 384
CALCUTTA HIGH COURT

 Stale claims by workman untenable without satisfactory explanation for delay.
2023 LLR 357
RAJASTHAN HIGH COURT

 Show cause notice is not necessary before issuing of chargesheet.
2023 LLR 378
BOMBAY HIGH COURT

 A person who imparts training to workers will not be a ''workman'' under Industrial Disputes Act.
2023 LLR 365
ORISSA HIGH COURT

 Calculating 240 days working of a daily wager, unpaid weekly rest days will be included.
2023 LLR 361
PUNJAB AND HARYANA HIGH COURT

 Raising of demand and its rejection by employer will be necessary to constitute an 'industrial dispute'.
2023 LLR 357
RAJASTHAN HIGH COURT

 Reinstatement of workman not automatic for non-payment of retrenchment compensation on termination.
2023 LLR 410
PUNJAB AND HARYANA HIGH COURT

 Complainant under POSH Act can be transferred to avoid unhealthy environment.
2023 LLR 384
CALCUTTA HIGH COURT

 Merely working for long period with contractor would not justify to be an employee of principal employer.
2023 LLR 395
PUNJAB AND HARYANA HIGH COURT

 Unexplained delay in raising a dispute by workman will construe to have waived his right.
2023 LLR 357
RAJASTHAN HIGH COURT

 Gainful unemployment neither pleaded nor proved by workman would not justify full back wages.
2023 LLR 363
PUNJAB AND HARYANA HIGH COURT

 Referring a dispute for dismissal untenable when it pertained to non-compliance of transfer order.
2023 LLR 371
MADRAS HIGH COURT

 Reinstatement is justified when the dismissal of a workman is held to be illegal.
2023 LLR 363
PUNJAB AND HARYANA HIGH COURT

 No pre-deposit is necessary in an appeal challenging levy of damages.
2023 LLR 428
CALCUTTA HIGH COURT

 Last drawn wages payable under section 17-B of ID Act not be treated as basic wages for contributions.
2023 LLR 420
KARNATAKA HIGH COURT

 Making payments after committing an offence would not absolve the accused from liability.
2023 LLR 433
KARNATAKA HIGH COURT

 Delay in filing appeal against the order of EPF Authority, beond prescribed limitation, is not condonable.
2023 LLR 440
MADRAS HIGH COURT

 Temporary/part time employees would be treated as employees to be counted and covered by Act.
2023 LLR 452
JHARKHAND HIGH COURT

 Granting anticipatory bail for defaulting deposit of EPF dues not proper since it amounted to cheating of poor workers by employer.
2023 LLR 458
UTTARAKHAND HIGH COURT

 Installments can be allowed due to the financial constraints of employer and the unit becoming sick.
2023 LLR 440
MADRAS HIGH COURT

 Challenge to an order passed by the EPF Authority lies in statutory appeal and not in the writ petition.
2023 LLR 460
ORISSA HIGH COURT

 EPFA Tribunal is not powered to condone delay in filing of appeal beyond 120 days.
2023 LLR 456
TELANGANA HIGH COURT

 Failure to pay EPF dues not an offence unless it was not willfully proved.
2023 LLR 433
KARNATAKA HIGH COURT

 Even Board of Trustees under the Act can't waive interest for late deposit of provident fund dues.
2023 LLR 428
CALCUTTA HIGH COURT

 Prosecutions are sustainable for violation of EPF&MP Act under Indian Penal Code also.
2023 LLR 431
JHARKHAND HIGH COURT

 Warrant of arrest by EPF authority was not proper when company was declared sick.
2023 LLR 428
CALCUTTA HIGH COURT

 Attaching 104 accounts under Income Tax Act, non deposit of EPF dues not punishable.
2023 LLR 433
KARNATAKA HIGH COURT

 An order by EPF authority without hearing the defence of employer not sustainable.
2023 LLR 426
CALCUTTA HIGH COURT

 Writ court cannot consider factual aspects decided of the EPF authorities.
2023 LLR 452
JHARKHAND HIGH COURT

 Damages for delayed deposits may be reduced considering the financial crisis.
2023 LLR 462
ALLAHABAD HIGH COURT