IMPORTANT JUDGEMENTS for July 2025

IMPORTANT JUDGEMENTS

 Payment of ex-gratia cannot be a ground to deny statutory bonus.
2025 LLR 709
SUPREME COURT OF INDIA

 Clause requiring employee to work for a minimum of three years and in default to pay damages is valid.
2025 LLR 713
SUPREME COURT OF INDIA

 Termination of workman at the end of a specific project, for which he was employed, is not retrenchment.
2025 LLR 763
DELHI HIGH COURT

 Working under different branches cannot be taken into consideration for determining continuous service.
2025 LLR 749
RAJASTHAN HIGH COURT

 Coverage of establishment under the Gratuity Act would follow when it is covered under the EPF Act.
2025 LLR 718
MADRAS HIGH COURT

 Plea of fictitious breaks cannot be taken by the workman after termination.
2025 LLR 740
HIMACHAL PRADESH HIGH COURT

 Employer and employee can agree to age of retirement of less than 60 years under Model Standing Orders.
2025 LLR 752
BOMBAY HIGH COURT

 When an employee is assigned duties outside the scope of his original appointment, he is enti-tled to be compensated on par with others similarly placed.
2025 LLR 747
MADRAS HIGH COURT

 Only a registered trade union can espouse the cause of a member of the trade union.
2025 LLR 780
GAUHATI HIGH COURT

 Company which delivers groceries to customers through e-commerce application is not a 'Factory'.
2025 LLR 777
MADRAS HIGH COURT

 Gathering at factory gate and leaving work at union's insistence would amount to insubordination.
2025 LLR 726
BOMBAY HIGH COURT

 Non-availability of medical services near the establishment is no ground for non-payment of ESI dues.
2025 LLR 742
ANDHRA PRADESH HIGH COURT

 Approval for termination is to be taken from one court only when multiple industrial disputes were pending.
2025 LLR 761
MADRAS HIGH COURT

 When accident is admitted, employer can't deny relationship on appointment letter's non-production.
2025 LLR 745
DELHI HIGH COURT

 Only the admitted amount of gratuity has to be deposited with the Controlling Authority by the employer.
2025 LLR 737
CALCUTTA HIGH COURT

 Respondent cannot take plea of limitation when the act of sexual harassment was a continuing one.
2025 LLR 734
MADRAS HIGH COURT

 Mere change in management does not affect the rights of the workmen.
2025 LLR 722
GUJARAT HIGH COURT

 Charitable Trust would be liable to pay bonus as soon as it starts carrying out commercial activities.
2025 LLR 709
SUPREME COURT OF INDIA

 EPFO cannot initiate coercive action merely because it has a different interpretation of the stay order.
2025 LLR 784
BOMBAY HIGH COURT

 Establishment to not continue depositing PF contributions for uncovered employees if done earlier by error.
2025 LLR 809
CALCUTTA HIGH COURT

 Apprentices being paid monthly salary and not stipend are covered under the EPF Act.
2025 LLR 803
KERALA HIGH COURT

 If demand was through common notice and two separate orders u/s 14B and 7Q were passed on same date, order u/s 7Q would still be non-appealable.
2025 LLR 820
DELHI HIGH COURT

 Reasons/bifurcations are to be shown as to how PF liability was determined under various heads.
2025 LLR 812
PUNJAB AND HARYANA HIGH COURT

 When transferee was made liable to pay damages, the amount can be recovered from the transferor.
2025 LLR 793
CALCUTTA HIGH COURT

 Principal employer is not liable when the contractor is independently covered unless the contract is sham.
2025 LLR 797
MADRAS HIGH COURT

 Bank account cannot be frozen by EPFO beyond 30 days when there is no prima facie case of fraud.
2025 LLR 813
CALCUTTA HIGH COURT

 Financial problems being faced by an institution cannot absolve it from payment of PF dues.
2025 LLR 788
PUNJAB AND HARYANA HIGH COURT

 EPF authority cannot recover damages exceeding the amount of arrears as specified in the Scheme.
2025 LLR 799
CHHATTISGARH HIGH COURT

 Reducing damages to 25% of assessed amount is proper when it was with govt. and couldn't be transferred.
2025 LLR 799
CHHATTISGARH HIGH COURT

 Persons whose engagement is purely contractual and dependent on performance are not 'employees'.
2025 LLR 809
CALCUTTA HIGH COURT

 Terminated employee can't file FIR for non-payment of PF dues when he wasn't a member of EPF Scheme.
2025 LLR 786
DELHI HIGH COURT

 Tribunal's order can only be challenged by the EPFO after taking authorization from the Board of Trustees.
2025 LLR 806
MADRAS HIGH COURT

 No prosecution for non-payment of PF dues against Director without impleading the company.
2025 LLR 815
CALCUTTA HIGH COURT

 No premature quashing of summons directing principal employer to produce documents w.r.t. contractor.
2025 LLR 797
MADRAS HIGH COURT

 Writ petition can even be filed against the trustees of EPFO.
2025 LLR 791
RAJASTHAN HIGH COURT

 Director responsible for the affairs of the establishment is 'employer' under the EPF Act.
2025 LLR 815
CALCUTTA HIGH COURT

 Punishment of dismissal for stealing things from the premises of the establishment is proper.
2025 LLR WEB 468
GUJARAT HIGH COURT

 The question of workman cannot be decided by the appropriate Government while making reference of industrial dispute.
2025 LLR WEB 469
GUJARAT HIGH COURT