Employer cannot deny employer-employee relationship when regular salary payments were being made by referring to them as donations on account of financial difficulties.
2025 LLR WEB 514
CALCUTTA HIGH COURT
Legal heirship certificate not mandatory for claiming gratuity when nomination was already there.
2025 LLR 945
SUPREME COURT OF INDIA
Management cannot introduce a condition of service which is not stipulated in the schedule to the Standing Orders Act and even if they propose to do so, it can only be in the manner as prescribed under the Act and the Rules.
2025 LLR WEB 516
MADRAS HIGH COURT
Order of ESI authorities to be set aside when there was no independent witness at the time of inspection.
2025 LLR 1001
JAMMU AND KASHMIR HIGH COURT
Manager drawing Rs.70,000/- as salary and working on a supervisory post is not workman under the ID Act.
2025 LLR 994
PUNJAB AND HARYANA HIGH COURT
Refusal of retrenchment compensation and notice pay by the workman will not make termination illegal.
2025 LLR 982
MADHYA PRADESH HIGH COURT
Principal employer paying VRS to contract workers will establish employer-employee relationship.
2025 LLR 952
BOMBAY HIGH COURT
ICC should allow respondent to cross-examine witnesses when he does not hold influential position.
2025 LLR 1004
PUNJAB AND HARYANA HIGH COURT
Rectification notice will not extend limitation of filing complaint for violating the Factories Act.
2025 LLR 966
HIMACHAL PRADESH HIGH COURT
When there was an arbitration clause in the appointment letter, going into arbitration is mandatory even if the termination was owing to sexual harassment.
2025 LLR 986
CALCUTTA HIGH COURT
Appropriate government cannot presuppose that the employee is a 'workman' while making reference.
2025 LLR 948
DELHI HIGH COURT
Employer will have to remit PF until closure of the company is declared by the appropriate Govt.
2025 LLR 1008
MADHYA PRADESH HIGH COURT
Order imposing interest, showing the amount in a single column without discussion, is to be set aside.
2025 LLR 1015
MADRAS HIGH COURT
Power is vested with the PF authority to award damages not exceeding the amount in arrears.
2025 LLR 1034
KARNATAKA HIGH COURT
Service in two establishments under a common employer suffices for eligibility for election as a nominee of workmen in the Works Committee.
2025 LLR WEB 517
RAJASTHAN HIGH COURT
Probation period cannot be a preventive factor or obstacle for denying maternity benefits to a woman.
2025 LLR WEB 518
JAMMU & KASHMIR HIGH COURT
Termination of a probationer on the ground of misrepresentation, without conducting an enquiry, would be mala fide.
2025 LLR WEB 519
DELHI HIGH COURT
An application under Section 33C(1) of the ID Act is maintainable, when the amount due is not in dispute.
2025 LLR WEB 520
CALCUTTA HIGH COURT
In case of misconduct or indiscipline proven, but there are technical defects in termination, compensation may be awarded instead of reinstatement.
2025 LLR WEB 521
CHHATTISGARH HIGH COURT
Principal employer can't be made to pay gratuity to the workers of the contractor unless contract is sham.
2025 LLR 971
CALCUTTA HIGH COURT
A compromise entered into between the parties during the pendency of a dispute is a "settlement" under section 33C(2) of the ID Act.
2025 LLR WEB 522
RAJASTHAN HIGH COURT
Working for 240 days in the year prior to termination is not enough when Labour Court had no jurisdiction.
2025 LLR 994
PUNJAB AND HARYANA HIGH COURT
Retaining same workers through different contractors will satisfy the test of continuity of service.
2025 LLR 952
BOMBAY HIGH COURT
Tribunal cannot substitute penalty with a lesser penalty in cases other than discharge/dismissal.
2025 LLR 977
RAJASTHAN HIGH COURT
IC has to prepare a preliminary inquiry report which is to be supplied to both parties.
2025 LLR 1004
PUNJAB AND HARYANA HIGH COURT
No permission for retrenchment when the establishment is not a factory and doesn't fall under Chapter VB.
2025 LLR 997
DELHI HIGH COURT
Employer cannot pressurize workmen to give up benefits granted by Labour Court for availing VRS.
2025 LLR 991
MADHYA PRADESH HIGH COURT
Appeal against ESI Court's order not tenable when the grounds related to timing of deposit of challans.
2025 LLR 1001
JAMMU AND KASHMIR HIGH COURT
Principal employer is not liable for PF dues of the workers of the contractors who have PF code numbers.
2025 LLR 1031
MADRAS HIGH COURT
Non submission of monthly consolidated statements under Form 12A is criminal offence.
2025 LLR 1052
ANDHRA PRADESH HIGH COURT
An advocate providing legal opinion to the employer is not an 'employee' under the EPF Act.
2025 LLR 1037
MADRAS HIGH COURT
The EPF Act does not provide for any retrospective contribution to PF or Pension Fund.
2025 LLR 1042
KERALA HIGH COURT
Civil Court does not have jurisdiction to decide applicability of EPF Act upon an establishment.
2025 LLR 1048
MADRAS HIGH COURT
No damages/interest to be levied on payment of PF for the period for which back wages have been granted.
2025 LLR 1013
MADHYA PRADESH HIGH COURT
The commission paid to employees, not on regular basis, is not 'basic wages' under the EPF Act.
2025 LLR 1037
MADRAS HIGH COURT
Exercise of review u/s 7B not mandatory when new matter could have been discovered with due diligence.
2025 LLR 1025
ORISSA HIGH COURT
It is mandatory to give opportunity to employers before levying damages.
2025 LLR 1015
MADRAS HIGH COURT
Debts of secured creditors under SARFAESI Act have priority over EPF dues in certain circumstances.
2025 LLR 1018
KERALA HIGH COURT
Writ petition is maintainable against an order rejecting an application for review.
2025 LLR 1055
MADRAS HIGH COURT
No determination of damages and interest without passing of order u/s 7A of the EPF Act.
2025 LLR 1042
KERALA HIGH COURT
EPFO has to take particulars of establishment's owners before initiating criminal prosecution.
2025 LLR 1052
ANDHRA PRADESH HIGH COURT
Orders passed on same date under sections 14B and 7Q is a composite order and appealable.
2025 LLR 1011
ALLAHABAD HIGH COURT
When SARFAESI proceedings are pending, reduction of damages from 100% to 10% is proper.
2025 LLR 1022
MADRAS HIGH COURT
Subsistence/suspension allowance is not 'salary or wage' under the Payment of Bonus Act, 1965.
2025 LLR 989
MADRAS HIGH COURT
Privatisation of a particular department will not lead to a violation of section 33 of the ID Act.
2025 LLR WEB 515
MADRAS HIGH COURT
