IMPORTANT JUDGEMENTS for April 2025

IMPORTANT JUDGEMENTS

 No criminal conviction necessary for forfeiture of gratuity for an offence involving moral turpitude.
2025 LLR 361
SUPREME COURT OF INDIA

 Order of Labour Court directing payment of wages till disposal of proceedings is illegal.
2025 LLR 415
GAUHATI HIGH COURT

 No discrimination when the employee who gave apology for the same misconduct was spared and the others were dismissed.
2025 LLR 373
BOMBAY HIGH COURT

 Evidence has to be recorded even in an ex-parte enquiry.
2025 LLR 355
SUPREME COURT OF INDIA

 Payment of gratuity on a monthly basis is not proper.
2025 LLR 381
MADRAS HIGH COURT

 No adverse order when the attendance cum wage register was produced and accepted by the ESIC.
2025 LLR 398
BOMBAY HIGH COURT

 Denial of CLRA registration to the principal employer for non-payment of minimum wages is illegal.
2025 LLR 413
KERALA HIGH COURT

 The disciplinary authority can himself conduct enquiries as well.
2025 LLR 387
BOMBAY HIGH COURT

 Intimation to join is no confirmation of employment when employee did not have necessary qualification.
2025 LLR 396
KARNATAKA HIGH COURT

 ICC cannot take cognizance of a complaint which does not disclose allegation of sexual harassment.
2025 LLR 401
KERALA HIGH COURT

 Prosecution of the Occupier is not deemed to be the prosecution of the Factory Manager.
2025 LLR 403
BOMBAY HIGH COURT

 Special allowance cannot be considered as wages for the purposes of payment of gratuity.
2025 LLR 381
MADRAS HIGH COURT

 Where bonus is not paid on the basis of consolidated profits, it will be paid on profits of individual units.
2025 LLR 411
BOMBAY HIGH COURT

 Allegation that the worker was made to sign blank paper is an afterthought in the absence of any complaint.
2025 LLR 383
DELHI HIGH COURT

 The one who makes assessment for the purpose of reporting is not a supervisor and is a workman.
2025 LLR 417
BOMBAY HIGH COURT

 Dismissal for unauthorised leave on account of illness for which leave was earlier granted is not warranted.
2025 LLR 408
DELHI HIGH COURT

 Full back wages will not be granted when the workman did not perform any duties for 10 years.
2025 LLR 360
SUPREME COURT OF INDIA

 Signed document of full and final settlement, without actual payment, is a fabricated document.
2025 LLR 366
DELHI HIGH COURT

 Remedy of appeal would be meaningless if the authorities recover the amount during pendency of stay application.
2025 LLR 465
TELANGANA HIGH COURT

 Amount assessed u/s 7A can be reduced when default was not voluntary but forced due to labour unrest.
2025 LLR 454
PUNJAB AND HARYANA HIGH COURT

 Tribunal can consider submissions against levy of interest under section 7Q on merits.
2025 LLR 462
KERALA HIGH COURT

 Writ Petition can be filed when the applicability of the EPF Act itself is in question.
2025 LLR 467
MADRAS HIGH COURT

 If monthly pay of an employee exceeds Rs.15,000, the contribution shall be limited to Rs.15,000 only.
2025 LLR 437
CALCUTTA HIGH COURT

 Order of the PF authorities cannot be challenged before the Tribunal after a delay of 124 days.
2025 LLR 435
MADRAS HIGH COURT

 Hearing u/s 7A is a composite hearing which concludes in a composite order of sections 7A and 7Q.
2025 LLR 428
CALCUTTA HIGH COURT

 Commission Agents employed by banks are 'employees' under the EPF Act.
2025 LLR 448
BOMBAY HIGH COURT

 Interim stay against recovery is proper when there was no specific date of the next sitting of the CGIT.
2025 LLR 463
MADRAS HIGH COURT

 Once EPF Authorities have given consent to the orders of the Liquidator, no further claim can be made.
2025 LLR 471
CALCUTTA HIGH COURT

 Employee cannot seek interest on delayed payment when relevant claim forms were not submitted timely.
2025 LLR 457
GUJARAT HIGH COURT

 When the orders of the EPF authority were antedated, the High Court can grant extra time for filing appeal.
2025 LLR 446
PATNA HIGH COURT

 Grant of stay by the CGIT on the direction to deposit only 10% of the assessed amount is proper.
2025 LLR 428
BOMBAY HIGH COURT

 If an employee isn't covered by PF Scheme of the establishment, then the EPF Act would be applicable.
2025 LLR 467
MADRAS HIGH COURT

 Order for recovery of interest during pendency of appeal is liable to be put on hold till final disposal.
2025 LLR 462
KERALA HIGH COURT

 Pension-cum-Contributory Provident Fund Scheme is excluded from the purview of the EPF Act.
2025 LLR 455
CALCUTTA HIGH COURT

 EPFO's claim on the assets of a winding company will not be entertained when claim was made belatedly.
2025 LLR 432
JHARKHAND HIGH COURT

 Worker cannot approach the High Court for seeking payment of minimum wages.
2025 LLR WEB 413
CALCUTTA HIGH COURT

 The pay commissions recommendation of enhancing the working hours from 37-1/2 hrs to 44 hrs in mints not un reasonable, unjust or prejudicial.
2025 LLR WEB 414
CALCUTTA HIGH COURT

 Porters working for the army are covered under the Industrial Disputes Act, 1947.
2025 LLR WEB 415
JAMMU & KASHMIR HIGH COURT

 Claim of revision in the scale of pay cannot be entertained by the Labour Court under section 33C(2) of the Industrial Disputes Act, 1947.
2025 LLR WEB 416
ORISSA HIGH COURT

 Reinstatement would not be desirable in case of strained relations between the management and the workman.
2025 LLR WEB 417
KERALA HIGH COURT

 Where a bona fide loss of confidence is established, the order of removal is not open to challenge.
2025 LLR WEB 418
MADRAS HIGH COURT

 Limitation Act does not apply to proceedings under Section 33C(2) of the Industrial Disputes Act, 1947.
2025 LLR WEB 419
MADRAS HIGH COURT

 No amount can be recovered from an employee's terminal dues without providing opportunity.
2025 LLR WEB 420
DELHI HIGH COURT

 Disputed facts regarding recovery of damages and interest can't be adjudicated before High Court.
2025 LLR 461
CHHATTISGARH HIGH COURT

 No forfeiture of gratuity on a mere accusation of abandonment of services.
2025 LLR WEB 421
CALCUTTA HIGH COURT

 Non-deposit of the full gratuity amount within the statutory period rendered appeal not maintainable.
2025 LLR WEB 422
MADRAS HIGH COURT

 Real employer behind facade of partnership cannot evade liability for award where evidence shows control and ownership remained with same entity.
2025 LLR WEB 423
MADRAS HIGH COURT

 Plea of loss of confidence can only be taken when the workman was holding a position of trust which was abused and continuing him in service would be detrimental to the security of the establishment.
2025 LLR WEB 424
HIMACHAL PRADESH HIGH COURT

 Delay in raising industrial dispute cannot be condoned merely because the advocate of workman was negligent.
2025 LLR WEB 425
GUJARAT HIGH COURT

 The CGIT can pass ex-parte ad interim orders restraining the EPFO from recovering dues calculated under section 7A of the EPF Act subject to deposit of some amount by the establishment.
2025 LLR WEB 426
BOMBAY HIGH COURT

 Panel Counsel of the establishment cannot participate as an external member in the IC proceedings under the PoSH Act.
2025 LLR WEB 427
MADHYA PRADESH HIGH COURT

 The obligation on the employer to pay gratuity does not depend on application to be submitted by the employee.
2025 LLR WEB 428
MADHYA PRADESH HIGH COURT

 Deductions from wages for earned leave as well as the recovery of losses caused by the employee are permissible even after retirement.
2025 LLR WEB 429
MADRAS HIGH COURT