IMPORTANT JUDGEMENTS for July 2023

IMPORTANT JUDGEMENTS

 Reinstatement is not automatic even in the case of illegal termination.
2023 LLR 748
RAJASTHAN HIGH COURT

 When the amount determined by the Controlling Authority is not deposited, the appeal is to be dismissed.
2023 LLR 750
KARNATAKA HIGH COURT

 Punishment of dismissal not to be interfered with when a driver is found guilty of theft of em-ployer''s material.
2023 LLR 759
MADRAS HIGH COURT

 A punitive order by filling up the blanks in cyclostyled proforma is untenable due to non-application of mind.
2023 LLR 761
KARNATAKA HIGH COURT

 Bonus Act will not be applicable to Educational Institutions and Universities.
2023 LLR 738
MADRAS HIGH COURT

 A transfer will be illegal if it alters the status of the workman to supervisor.
2023 LLR 746
MADRAS HIGH COURT

 Allegation of threat or coercion in obtaining resignation would not be tenable.
2023 LLR 718
ANDHRA PRADESH HIGH COURT

 Denial to resume duties by a workman after his recovery from illness is illegal.
2023 LLR 712
ORISSA HIGH COURT

 Non-issuing of tickets to passengers by bus conductors will be serious misconduct.
2023 LLR 761
KARNATAKA HIGH COURT

 Termination is illegal when retrenchment compensation is not paid.
2023 LLR 748
RAJASTHAN HIGH COURT

 Accident compensation is to be payable even when the deceased driver took the vehicle for repair.
2023 LLR 715
ALLAHABAD HIGH COURT

 Compelling a workman to submit a resignation for demanding minimum wages would be illegal.
2023 LLR 712
ORISSA HIGH COURT

 Challenging termination after enquiry, the validity of enquiry will be decided at first instance.
2023 LLR 722
HIMACHAL PRADESH HIGH COURT

 Part-time sweeper not entitled to regularisation.
2023 LLR 726
HIMACHAL PRADESH HIGH COURT

 No adjudication by the tribunal in a claim of a workman under section 33C(2) of the ID Act.
2023 LLR 733
MADHYA PRADESH HIGH COURT

 Industrial disputes can be raised at the place of cause of action.
2023 LLR 742
PUNJAB AND HARYANA HIGH COURT

 POSH Act has a mechanism to safeguard the woman at workplace.
2023 LLR 752
GUJARAT HIGH COURT

 Termination will be set aside only by the prescribed authority.
2023 LLR 709
SUPREME COURT OF INDIA

 A daily wager has no right to regularisation.
2023 LLR 748
RAJASTHAN HIGH COURT

 Appeal not writ is an appropriate forum by the aggrieved party in proceedings under section 7A or 7B of the Act.
2023 LLR 764
MADRAS HIGH COURT

 While imposing damages for delayed payment, factors like the number of defaults and period of delay will be relevant
2023 LLR 765
ALLAHABAD HIGH COURT

 A person having ultimate control over the affairs of the establishment will be an employer.
2023 LLR 772
CALCUTTA HIGH COURT

 Merely engaging a person on a commission basis would not deprive him of being an employee.
2023 LLR 776
KERALA HIGH COURT

 No limitation is prescribed for recovery of damages for delayed deposits of EPF dues.
2023 LLR 765
ALLAHABAD HIGH COURT

 The workers of the independent contractors will not be treated as employees of the principal employer.
2023 LLR 780
CALCUTTA HIGH COURT

 Employer can claim prejudice for delayed initiations of damages when records were not available for several years.
2023 LLR 765
ALLAHABAD HIGH COURT

 EPF authority under section 7A is vested with the powers of a Civil Court.
2023 LLR 772
CALCUTTA HIGH COURT

 Delayed remittance of EPF dues is a sine qua non for imposing damages under section 14B of the Act.
2023 LLR 765
ALLAHABAD HIGH COURT

 Appeal against the order of EPF Authority to Tribunal beyond the expiry of the limitation is not maintainable.
2023 LLR 800
PUNJAB AND HARYANA HIGH COURT

 Manager Finance re-designated as Chief Accountant and Audit Officer will be treated as an employer.
2023 LLR 772
CALCUTTA HIGH COURT

 In proceedings under section 7A the EPF authority should consider relationship of master and servant.
2023 LLR 780
CALCUTTA HIGH COURT

 Attachment of the bank account of defaulting employer will be harsh when he was seeking installments.
2023 LLR 783
CALCUTTA HIGH COURT

 Disputed questions of fact can be raised before Appellate Tribunal and not in a writ petition.
2023 LLR 796
MADRAS HIGH COURT

 Taking cognizance against the Managing Director, without impleading the company, the complaint will be dismissed.
2023 LLR 812
KARNATAKA HIGH COURT

 EPF Authority has to take into account aggravating and mitigating circumstances while deter-mining damages.
2023 LLR 785
HIMACHAL PRADESH HIGH COURT