IMPORTANT JUDGEMENTS for August 2025

IMPORTANT JUDGEMENTS

 Unless there is commencement of manufacturing work, employer is not liable to pay ESI contributions.
2025 LLR 840
GUJARAT HIGH COURT

 No complaint under POSH Act on mere humiliation of woman employee in group discussion.
2025 LLR 882
TELANGANA HIGH COURT

 Site allowance, not being paid to all employees universally, is not 'basic wages'.
2025 LLR 896
KERALA HIGH COURT

 There is no requirement under the EPF Scheme providing for mandatory KYC on the part of the employer.
2025 LLR 936
HIMACHAL PRADESH HIGH COURT

 No recovery notice can be issued by EPFO during pendency of appeal before the CGIT.
2025 LLR 942
CALCUTTA HIGH COURT

 For any delay in payment of contribution during lock down, no proceedings for damages should be initiated.
2025 LLR 915
PATNA HIGH COURT

 There is nothing under the EPF Act to consider an employee to be present on duty when he was absent due to unavoidable situations.
2025 LLR 932
GAUHATI HIGH COURT

 When there was a common recovery for damages an interest, orders u/s. 14B & 7Q will be composite.
2025 LLR 894
CALCUTTA HIGH COURT

 EPF authorities have to specifically mention the period of default while passing order of damages.
2025 LLR 898
MADRAS HIGH COURT

 Matter is to be remanded back to the EPF Authorities when contractors were not impleaded.
2025 LLR 906
KERALA HIGH COURT

 The liability to pay contribution arises from due date and not from the date of passing of 7A order.
2025 LLR 940
MADRAS HIGH COURT

 For an allowance to be a part of 'basic wages', it has to be paid to all employees in a particular category.
2025 LLR 896
KERALA HIGH COURT

 Clubbing of establishments is proper when owned by family members and operations are integrated.
2025 LLR 899
CHHATTISGARH HIGH COURT

 Employees' demand to pay their contribution on actual wages can be considered by employer on merits.
2025 LLR 931
MADRAS HIGH COURT

 EPFO cannot hold trainees to be employees merely because they were employed in large numbers.
2025 LLR 929
KERALA HIGH COURT

 Mens rea is relevant only for criminal prosecution but not for imposition of damages u/s.14B.
2025 LLR 926
MADRAS HIGH COURT

 There is no discretion in reducing levy of interest u/s 7Q as it is mandatory nature.
2025 LLR 915
PATNA HIGH COURT

 Prohibition on the EPFO to initiate recovery is for 60 days after passing the order and not 120 days.
2025 LLR 907
MADRAS HIGH COURT

 No prosecution against the employer when the contributions were deposited after the complaint.
2025 LLR 909
CALCUTTA HIGH COURT

 When the workman fails to establish continuous service of 12 consecutive months preceding the date of retrenchment, he cannot claim reinstatement with the employer.
2025 LLR WEB 497
GUJARAT HIGH COURT

 Senior executive, drawing monthly salary of Rs.51,703/-, is not a 'workman' under section 2(s) of the ID Act.
2025 LLR WEB 498
GUJARAT HIGH COURT

 Mere separate registration under the different statutes cannot be a basis to claim that the units are separate under the EPF Act.
2025 LLR WEB 499
SUPREME COURT OF INDIA

 Employer has to take consent before reducing the salary of employees, especially for the purposes of payment of gratuity.
2025 LLR WEB 500
DELHI HIGH COURT

 The plea that the employee was not a 'workman' under the ID Act cannot be taken before the High Court for the first time.
2025 LLR WEB 501
DELHI HIGH COURT

 Espousal would be valid when a significant of workman were representing a cause for each other even in the absence of a union.
2025 LLR WEB 502
DELHI HIGH COURT

 Excess amount paid cannot be recovered from gratuity.
2025 LLR WEB 503
GUJARAT HIGH COURT

 The family of a watchman deployed on night duty, who met with an accident 5 kms away while he was proceeding towards his workplace, will be entitled to accident compensation.
2025 LLR WEB 504
SUPREME COURT OF INDIA

 Establishment has to pay interest regardless of the 7A order being passed belatedly and its compliance.
2025 LLR 940
MADRAS HIGH COURT

 There cannot be monthly disbursements in lieu of gratuity.
2025 LLR 875
MADRAS HIGH COURT

 Making comments about the knowledge levels of a lady employee is not 'sexual harassment'.
2025 LLR 882
TELANGANA HIGH COURT

 A Trade Fair organized every year is an 'industry' under section 2(j) of the ID Act.
2025 LLR 867
MADHYA PRADESH HIGH COURT

 Employee can't be prevented from joining another employer merely on the apprehension of him disclosing confidential information.
2025 LLR 853
DELHI HIGH COURT

 If a person is absent beyond prescribed period for which leave can be granted, he is said to have resigned.
2025 LLR 832
BOMBAY HIGH COURT

 Factory Inspector must consider employer's reply to show cause notice before filing complaint.
2025 LLR 843
KARNATAKA HIGH COURT

 Cess not to be paid on the total cost of project but only on the cost incurred in civil construction work.
2025 LLR 891
MADHYA PRADESH HIGH COURT

 Establishment, under the control of Central Govt. can't be forced to obtain CLRA registration by State Govt.
2025 LLR 864
KARNATAKA HIGH COURT

 A person would still be a 'workman' even when incidental duties were supervisory in nature.
2025 LLR 850
GUJARAT HIGH COURT

 No enquiry when workman voluntarily abandoned services and didn't respond to repeated notices.
2025 LLR 832
BOMBAY HIGH COURT

 Police cannot refuse to control agitation by asking the employer to negotiate with the workers.
2025 LLR 847
ANDHRA PRADESH HIGH COURT

 No prosecution under CLRA Act when complaint was made after 3 months from incident's knowledge.
2025 LLR 864
KARNATAKA HIGH COURT

 Employee can't be said to have withdrawn resignation when withdrawal letter never reached employer.
2025 LLR 889
RAJASTHAN HIGH COURT

 A pension scheme cannot be a substitute for payment of statutory gratuity.
2025 LLR 875
MADRAS HIGH COURT

 Accidental murder will be said to have occurred in course of employment when couldn't be anticipated.
2025 LLR 827
DELHI HIGH COURT

 Principal employer cannot unilaterally change service conditions of contractor's workers.
2025 LLR 879
CALCUTTA HIGH COURT