IMPORTANT JUDGEMENTS for June 2023

IMPORTANT JUDGEMENTS

 Provoking colleagues and disobeying superiors are grave misconducts justifying dismissal.
2023 LLR 640
MADRAS HIGH COURT

 Termination of a workman after a specified period is not retrenchment.
2023 LLR 615
DELHI HIGH COURT

 If an employer fails to constitute ICC, the complainant can approach Local Complaints Committee.
2023 LLR 606
DELHI HIGH COURT

 Reinstatement with full-back wages is not to be applied mechanically.
2023 LLR 597
JAMMU AND KASHMIR HIGH COURT

 Dismissal was appropriate when a bus conductor was found misappropriating Rs. 36.50/-.
2023 LLR 632
MADRAS HIGH COURT

 Labour Court cannot interfere with punishment if the enquiry was fair and proper.
2023 LLR 640
MADRAS HIGH COURT

 Appropriate Government should not take upon the task of adjudicating the dispute on merits.
2023 LLR 603
DELHI HIGH COURT

 Initial Burden lies upon the workman to prove his unemployment.
2023 LLR 611
DELHI HIGH COURT

 No relief in a dispute if raised after a decade.
2023 LLR 634
MADRAS HIGH COURT

 Mere affidavits made by a daily wager will not prove that he had worked for 240 days.
2023 LLR 645
PUNJAB AND HARYANA HIGH COURT

 Labour Court, unlike Civil Court, has the power to create new contracts.
2023 LLR 635
MADRAS HIGH COURT

 Salary and promotion are important factors in the determination of a workman.
2023 LLR 652
PUNJAB AND HARYANA HIGH COURT

 There is a limitation of three years for raising disputes under section 2A (2) of the ID Act.
2023 LLR 634
MADRAS HIGH COURT

 A daily wager is not entitled to claim for regularization.
2023 LLR 645
PUNJAB AND HARYANA HIGH COURT

 Mens rea or actus reus is not essential for imposing penalties/damages for breach of obligations/liabilities under the ESI Act.
2023 LLR 659
TELANGANA HIGH COURT

 When a plea is not raised before the trial court, the same is not admissible before the writ court.
2023 LLR 650
PUNJAB AND HARYANA HIGH COURT

 Operation Manager would not be a ' 'workman' ' when he failed to lead any evidence.
2023 LLR 652
PUNJAB AND HARYANA HIGH COURT

 If the salary of employees is approved by the principal employer, it will prove his control and not of an immediate employer.
2023 LLR 591
CALCUTTA HIGH COURT

 Maintaining a seniority list is not mandatory for retrenchment in the case of daily wagers.
2023 LLR 615
DELHI HIGH COURT

 Calculating gratuity as per section 4(2) of the Act considering the basic pay plus dearness allowance is not wrong.
2023 LLR 601
BOMBAY HIGH COURT

 Award after 30 days of its publication becomes enforceable.
2023 LLR 654
RAJASTHAN HIGH COURT

 Income from self-employment would be calculated for ascertaining the wages for interim relief.
2023 LLR 611
DELHI HIGH COURT

 An establishment, employing only 19 employees, is not to be covered under the EPF Act.
2023 LLR 692
KARNATAKA HIGH COURT

 When the petitioner had been pursuing before the wrong forum, he will be entitled to the benefit of Section 14 of the Limitation Act 1963 for the delay in filing appeal.
2023 LLR 682
CALCUTTA HIGH COURT

 Retirement or VRS would not automatically disentitle the workmen for EPF contributions.
2023 LLR 664
ORISSA HIGH COURT

 An order passed by EPF Authority in the review application, without hearing the petitioner, is not sustainable.
2023 LLR 676
BOMBAY HIGH COURT

 Criminal prosecution against the Managing Director, leaving the company aside, for embezzlement of EPF contributions is not legal.
2023 LLR 687
JHARKHAND HIGH COURT

 An ex-parte order passed by the Tribunal without considering the main points is to be set aside.
2023 LLR 689
JHARKHAND HIGH COURT

 An order under section 7A with procedural irregularities is to be remanded for rectification.
2023 LLR 696
MADRAS HIGH COURT

 'Attendance Bonus' would qualify for exclusion from Section 2(b)(ii) of the Act.
2023 LLR 698
MADRAS HIGH COURT

 An employer is not liable to pay an employee's EPF contributions for a retrospective period.
2023 LLR 700
TELANGANA HIGH COURT

 Non-deposit of employees' EPF contributions within prescribed limitation is not an offence.
2023 LLR 687
JHARKHAND HIGH COURT

 Notifications/circulars or settlements cannot override the statute.
2023 LLR 664
ORISSA HIGH COURT

 An order passed by the EPF Authority without notice to the relevant establishments is not sustainable.
2023 LLR 700
TELANGANA HIGH COURT

 If the coverage of the establishment under the EPF Act is annulled, the order passed under Sections 7A/7B will not be tenable.
2023 LLR 689
JHARKHAND HIGH COURT

 Payment of installments will not absolve the petitioner from paying interest.
2023 LLR 680
CALCUTTA HIGH COURT

 Delay in raising a claim after seven years is no hurdle in 'non-providing any limitation of the period'.
2023 LLR 664
ORISSA HIGH COURT

 When proceedings by EPF Authority are independent and not correlated with Section 7-A of the Act, orders passed under Section 14-B and 7-Q of the Act are not appealable.
2023 LLR 678
BOMBAY HIGH COURT

 Labour Officer is not a Conciliation Officer under section 4 of the ID Act.
2023 LLR 626
MADHYA PRADESH HIGH COURT

 Full and final settlement cannot have any bearing on dues payable by the employer.
2023 LLR 664
ORISSA HIGH COURT

 EPF Appellate Tribunal is empowered to use its discretion, which cannot be curtailed by High Court.
2023 LLR 693
MADRAS HIGH COURT

 Writ Court cannot adjudicate the correctness of rules for recovery as EPF Act does not provide withholding of recovery proceedings to prefer an appeal.
2023 LLR 684
CHHATTISGARH HIGH COURT

 An appeal claiming higher interest is barred by the principle of constructive res judicata.
2023 LLR 703
TRIPURA HIGH COURT