IMPORTANT JUDGEMENTS for May 2023

IMPORTANT JUDGEMENTS

 Order allocating code and directing an establishment to remit EPF contributions without identifying 20 eligible beneficiaries is liable to be quashed
2023 LLR 551
JHARKHAND HIGH COURT

 Casual workers are coverable under the Employees' Provident Funds and Miscellaneous Provisions Act, of 1952.
2023 LLR 568
KERALA HIGH COURT

 An employer is not liable to pay any interest for the period prior to 01.07.1997.
2023 LLR 579
MADRAS HIGH COURT

 An order passed by Appellate Tribunal without considering documents on file will be perverse, and not sustainable.
2023 LLR 560
DELHI HIGH COURT

 If a company has been running on losses for reasons beyond its control, the Court can reduce the damages.
2023 LLR 567
KERALA HIGH COURT

 Before covering an establishment under the Act, the employer is to be given the due opportunity of hearing.
2023 LLR 551
JHARKHAND HIGH COURT

 Matter may be remanded to EPF Authority when the actual amount is still to be calculated.
2023 LLR 576
MADRAS HIGH COURT

 EPF Authority has to observe principles of natural justice while imposing damages.
2023 LLR 568
KERALA HIGH COURT

 EPF Authority has to collect reports of Investigating Officer having full details of employees, during coverage of a new firm.
2023 LLR 551
JHARKHAND HIGH COURT

 While calculating the amount payable by the employer, the allowances will have to be taken into consideration.
2023 LLR 576
MADRAS HIGH COURT

 Writ petition challenging the order of EPF Authority without exhausting statutory remedy is not maintainable.
2023 LLR 549
PATNA HIGH COURT

 It is the duty of the EPFO to ensure that the Trustees have transferred the entire accumulation to EPFO.
2023 LLR 588
CALCUTTA HIGH COURT

 Absence of reasons for reducing the damages depicts an arbitrary exercise of power by the EPF Appellate Tribunal.
2023 LLR 562
KARNATAKA HIGH COURT

 An employee is entitled to interest calculated by EPFO at the rate fixed from time to time.
2023 LLR 588
CALCUTTA HIGH COURT

 Payment made to those who availed the opportunity more than others, cannot be included in the basic wages.
2023 LLR 565
KERALA HIGH COURT

 A writ of mandamus to reinstate a workman to a temporary advisory post cannot be issued.
2023 LLR 480
CALCUTTA HIGH COURT

 Workman, not joining duty despite an Award from the Labour Court, is not entitled to back wages.
2023 LLR 473
SUPREME COURT OF INDIA

 Workman working for 362 days in 12 months with 3 days break preceding termination, would be treated to be in continuous service under section 25B(2) of the I D Act.
2023 LLR 494
PUNJAB AND HARYANA HIGH COURT

 Writ Petition against a Private Limited Company is not maintainable.
2023 LLR 526
MADRAS HIGH COURT

 Allegations are to be disposed off by the ICC when neither evidence nor witnesses were produced by the aggrieved woman.
2023 LLR 480
CALCUTTA HIGH COURT

 Even a part-time employee is entitled to Gratuity under the Payment of Gratuity Act, 1972.
2023 LLR 487
DELHI HIGH COURT

 Provisions of the Maternity Act permit benefits to be availed even after the birth of a child.
2023 LLR 476
ALLAHABAD HIGH COURT

 Termination of services without following the principle of 'last come first go' or retaining the juniors is illegal.
2023 LLR 494
PUNJAB AND HARYANA HIGH COURT

 Teachers can claim gratuity from retrospective effect under the Payment of Gratuity Act.
2023 LLR 487
DELHI HIGH COURT

 It is not open for the Labour Court under section 33C(2) of the ID Act to adjudicate upon the employer-employee relationship.
2023 LLR 513
MADHYA PRADESH HIGH COURT

 Medical Representative is not a workman under the ID Act.
2023 LLR 515
MADHYA PRADESH HIGH COURT

 Termination of teaching staff as per contract of employment does not amount to retrenchment under section 2(oo) of the ID Act.
2023 LLR 520
MADRAS HIGH COURT

 If the contract is found to be a mere camouflage, the contract labour will be treated as an employee of the principal employer.
2023 LLR 485
CALCUTTA HIGH COURT

 It is not open for the Labour Court under section 33C(2) of the ID Act to adjudicate upon the employer-employee relationship.
2023 LLR 513
MADHYA PRADESH HIGH COURT

 Reference of a dispute during suspension and pendency of enquiry is not sustainable.
2023 LLR 515
MADHYA PRADESH HIGH COURT

 Remanding the matter back to ESI Authority is not proper merely because certain documents were not made available before ESI Authority.
2023 LLR 506
MADRAS HIGH COURT

 Proceedings under section 17-B are independent of the final order when an award of reinstatement is assailed by the Management.
2023 LLR 538
DELHI HIGH COURT

 Third-party agents are not to be treated as employees and amounts paid to them would not be 'wages' under section 2(22) of the Employees' State Insurance Act.
2023 LLR 506
MADRAS HIGH COURT

 Legality of enquiry is not to be tested in proceedings under section 33(2)(b) of the ID Act.
2023 LLR 530
DELHI HIGH COURT

 Permanent complete addresses of workmen are to be furnished under the New Labour Codes, when enforced.
2023 LLR 473
SUPREME COURT OF INDIA

 Order of attachment of bank accounts of the defaulting employer may be withheld subject to the undertaking given by him.
2023 LLR 575
MADRAS HIGH COURT

 There would be no employer-employee relationship when the contractor appoints and decides terms of service terms.
2023 LLR 555
ALLAHABAD HIGH COURT