IMPORTANT JUDGEMENTS for September 2023

IMPORTANT JUDGEMENTS

 Non-compliance retrenchment conditions will render it illegal.
2023 LLR 945
SUPREME COURT OF INDIA

 A shop for repairing and selling electronic goods will be a 'factory' to be covered under ESI.
2023 LLR 949
SUPREME COURT OF INDIA

 Supreme Court will not interfere in the reasoned order of the Compensation Commissioner.
2023 LLR 951
ALLAHABAD HIGH COURT

 Transferring from one branch to another is possible even when not mentioned in the appoint-ment letter.
2023 LLR 963
BOMBAY HIGH COURT

 Back-wages are not automatic on every reinstatement.
2023 LLR 982
GUJARAT HIGH COURT

 Those assisting the customers in a shop would not be salesmen.
2023 LLR 945
SUPREME COURT OF INDIA

 Plea of full and final settlement, if not taken in lower forums, cannot be taken in the Higher Court.
2023 LLR 953
ALLAHABAD HIGH COURT

 Transfer to a branch would be justified even if it did not exist in the employee's appoint-ment.
2023 LLR 982
GUJARAT HIGH COURT

 Conditions of service can be changed only after 21 days' notice.
2023 LLR 969
DELHI HIGH COURT

 Termination of contractual appointment would not be retrenchment.
2023 LLR 970
DELHI HIGH COURT

 Transfer of employees from one place to another is an incident of service.
2023 LLR 979
GAUHATI HIGH COURT

 A terminated employee on acquittal cannot claim back wages.
2023 LLR 982
GUJARAT HIGH COURT

 Trainees 'not being workmen' cannot claim relief under Industrial Disputes Act.
2023 LLR 986
KARNATAKA HIGH COURT

 Compensation of Rs.5 Lac on terminating a probationer with one year's service is unjusti-fied.
2023 LLR 997
PUNJAB AND HARYANA HIGH COURT

 The person looking after the day-to-day affairs of the company, not the directors, are liable to be prosecuted under Contract Labour (R&A) Act.
2023 LLR 999
JHARKHAND HIGH COURT

 Every dispute is not necessarily to be referred for adjudication.
2023 LLR 1014
HIMACHAL PRADESH HIGH COURT

 Percentage of accident injury for compensation is to be decided by the Commissioner, not by the higher court.
2023 LLR 951
ALLAHABAD HIGH COURT

 Director cannot be prosecuted when he has no control over the day-to-day affairs of the company.
2023 LLR 1028
CALCUTTA HIGH COURT

 Even a single day's delay in depositing EPF dues invites penal consequences.
2023 LLR 1018
BOMBAY HIGH COURT

 Although not justifiable for escaping liability, financial crises be overlooked by the EPF authorities.
2023 LLR 1025
CALCUTTA HIGH COURT

 Trainees under standing orders not covered under EPF Act.
2023 LLR 1039
MADRAS HIGH COURT

 Levy of damages alongwith interest can be challenged before the Tribunal, not in the writ petition.
2023 LLR 1046
MADRAS HIGH COURT

 Stipends paid to apprentices under Apprentices Act are not wages to attract EPF contribution.
2023 LLR 1040
MADRAS HIGH COURT

 Damages for delayed deposit of EPF contributions only when the employer is properly heard.
2023 LLR 1054
KARNATAKA HIGH COURT

 The EPF Act is applicable to municipalities.
2023 LLR 1048
MADRAS HIGH COURT

 Levy of damages for delayed deposit is a quasi-judicial function hence, defaulters must be given reasonable opportunity.
2023 LLR 1054
KARNATAKA HIGH COURT

 Directors are not employees within Explanation 2 of sections 405 and 406 of IPC.
2023 LLR 1028
CALCUTTA HIGH COURT

 Trainees getting a stipend are excluded under the EPF Act.
2023 LLR 1039
MADRAS HIGH COURT

 Workers of contractors are also covered under the EPF Act.
2023 LLR 1048
MADRAS HIGH COURT

 Discretionary powers to vary the percentage of damages vests with the EPF authority.
2023 LLR 1054
KARNATAKA HIGH COURT

 Penal damages are to be levied for non-deposit of EPF contribution for a terminated employee.
2023 LLR 1052
KERALA HIGH COURT

 No leniency for levy of damages on habitual defaulting employers even when there were no fi-nancial crises.
2023 LLR 1054
KARNATAKA HIGH COURT

 An order passed for the levy of damages must be a reasoned one.
2023 LLR 1025
CALCUTTA HIGH COURT

 Fastening liability on excluded establishments is legally unsustainable.
2023 LLR 1020
BOMBAY HIGH COURT

 Director is not personally liable to pay EPF dues.
2023 LLR 1028
CALCUTTA HIGH COURT