IMPORTANT JUDGEMENTS for August 2023

IMPORTANT JUDGEMENTS

 Dismissal justified when proper enquiry is held in the charge sheet issued to the workman.
2023 LLR 827
SUPREME COURT OF INDIA

 Privileged leave cannot be claimed by an employee as a matter of right.
2023 LLR 863
RAJASTHAN HIGH COURT

 Acceptance of resignation by incompetent authority is illegal.
2023 LLR 880
MADHYA PRADESH HIGH COURT

 Principal employer will not have any relationship of employer-employee with workers of a contractor.
2023 LLR 886
KARNATAKA HIGH COURT

 Medical representative will not be workman under Industrial Disputes Act.
2023 LLR 889
MADHYA PRADESH HIGH COURT

 Back wages denied on reinstatement if workman is gainfully employed.
2023 LLR 893
GUJARAT HIGH COURT

 Maternity benefit will be available to an employee even on contract basis.
2023 LLR 853
KERALA HIGH COURT

 Gratuity can't be claimed under Industrial Disputes Act.
2023 LLR 852
KARNATAKA HIGH COURT

 When two courts have jurisdiction for adjudicating a dispute, parties can choose one forum.
2023 LLR 848
KARNATAKA HIGH COURT

 An employee is bound to comply with her transfer.
2023 LLR 863
RAJASTHAN HIGH COURT

 Criminal complaint untenable if company not made an accused alongwith General Manager under CL(RA) Act.
2023 LLR 830
JHARKHAND HIGH COURT

 Ex-parte award is to be set aside based on ipse dixit.
2023 LLR 835
GAUHATI HIGH COURT

 Dismissal of a driver justified causing accident, remaining absent and misappropriation of money of the corporation.
2023 LLR 846
KARNATAKA HIGH COURT

 Quantum of punishment is to be considered by the Labour Court in its award.
2023 LLR 835
GAUHATI HIGH COURT

 Any order passed by EPF authority u/s 7-A without identification of beneficiaries is not sustainable.
2023 LLR 922
JHARKHAND HIGH COURT

 Number of defaults, period of delayed deposits would be relevant for imposition of damages for delayed deposit of PF dues.
2023 LLR 917
CHHATTISGARH HIGH COURT

 Tribunal is empowered to waive or reduce pre-deposit conditions for admission of appeal.
2023 LLR 902
ALLAHABAD HIGH COURT

 Penal damages will be justified if default in remitting the EPF dues.
2023 LLR 934
TELANGANA HIGH COURT

 An order passed by EPF authority to be quashed when documents in files are not considered.
2023 LLR 942
MADRAS HIGH COURT

 Principal employer, not contractor, is liable to pay EPF dues.
2023 LLR 906
BOMBAY HIGH COURT

 Common chartered account of two firms shall not club two independent establishments
2023 LLR 914
CALCUTTA HIGH COURT

 Appellant must get copy of the order by Appellate Tribunal.
2023 LLR 900
TELANGANA HIGH COURT

 Time spent on litigation on writ petition may be considered for limitation in filing appeal.
2023 LLR 902
ALLAHABAD HIGH COURT

 Attachment of bank account to be released to enable the petitioner to deposit 50% of due amount.
2023 LLR 905
BOMBAY HIGH COURT

 EPF dues can be released in favour of nominee in view of affidavit and proofs by the legal heir of the deceased.
2023 LLR 906
BOMBAY HIGH COURT

 Dismissal of appeal in default untenable if no date is mentioned for non-appearance.
2023 LLR 900
TELANGANA HIGH COURT

 Coercive action for recovery can be stayed as interim protection by the High Court.
2023 LLR 920
DELHI HIGH COURT

 Liability of payment to EPF dues only when determined u/s 7-A of the Act.
2023 LLR 906
BOMBAY HIGH COURT

 Clubbing of two independent firms having separate Permanent Account Numbers and bank ac-counts is not proper.
2023 LLR 914
CALCUTTA HIGH COURT

 Aggrieved employer can file review of appeal before the Tribunal against order u/s 7-A
2023 LLR 922
JHARKHAND HIGH COURT

 EPF authority u/s 7-A is vested with the power of Civil Court.
2023 LLR 924
MADHYA PRADESH HIGH COURT

 On failing to seek approval, dismissal will be non est.
2023 LLR 850
KARNATAKA HIGH COURT

 Failing to give opportunity to employer to produce evidence when inquiry is vitiated would nul-lify award of the Labour Court.
2023 LLR 835
GAUHATI HIGH COURT

 For forfeiture of gratuity, procedure under section 4(6) of the Gratuity is to be followed.
2023 LLR 852
KARNATAKA HIGH COURT

 Belated deposit of ESI contributions will attract interest.
2023 LLR 856
MADRAS HIGH COURT