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Labour Laws: Important Judgements – June 2023

 

Contents News/Article Date: 1st June 2023

Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act). 

Applicable to which State: Acts and Rules are applicable to all States

Type: Important Judgements – June 2023 

Pertains to: Establishments and Employees in all types of Organizations running businesses for profit or non profit 

Relevance of this news : Karma Management Global Consulting Solutions Pvt. Ltd. one of the top 5 labour law consulting firms  in the country, has recently hit upon  yet another significant milestone in the journey of  tying up  SUNDEEP PURI ASSOCIATES AND ADVOCATE, where both these Firms have formally joined hands together to collaborate and create a bigger alliance by  scaling up its business on Pan India basis and Internationally to give greater reach of its services together,  to its hundreds of clients all over.

Sundeep Puri & Associates (SD Puri& Co.) with 55+ years of existence and helmed by Adv. Sundeep Puri & Adv. Ravi Paranjpe is one of the largest retainer firms in India specializing in “Employment Laws” advising Corporate Sector. The Firm boasts of some clients being associated since the last 55+ years and majority since last 30-40 years. They have extensive experience in counselling Foreign MNCs and Indian MNC Clients having multi-locational Factories &/or Offices Pan-India on a daily basis on a wide range of “Employment & Labour” issues, keeping in view the cultural diversity of the workforce such as Acquisitions, Mergers, Consolidations, Reductions in work force, Maintaining union free environment by not undermining the principles of collective bargaining & also preserving operational flexibility in unionized settings, providing tailor made models for conflict free  productivity that is conducive Industrial Environment, as also in respect to applicability of the various labour laws.  They believe in Solution oriented Practical Advice backed by Law.

On the other hand,  Karma Management Global Consulting Solutions Pvt. Ltd. since 2004 is backed by 25 years of prior experience since 1979 , operating on Pan India basis and Internationally in Americas and EMEA, helmed by Pratik Vaidya ,  is a leading giant in payroll management, compliance and governance, human resource services, professional employment staffing and on boarding, recruitment and talent acquisition, advisory and consultations thereby offering a plethora of services with quick turn-around solutions including in-house flagship AI/ML based tech solutions so as to help organizations of different types and stature to perform better in Human Resource ensuring Risk Management, Compliance and Governance across Environmental, Social and Corporate laws and grow bigger

And in this instance: Important Judgements – June 2023 covering:

  • Industrial Disputes Act
  • ESI Act
  • PF Act
  • POSH Act
  • Gratuity Act
  • Compensation Act
  • Payment of Wages Act

Subject: Important Judgements – June 2023

 

Appended is the complete news item

 

Labour Laws: IMPORTANT JUDGEMENTS

Colleagues Provoking and disobeying superiors are grave misconducts justifying dismissal.

2023 LLR 640

MADRAS HIGH COURT

 

Termination of a workman after a specified period is not retrenchment.

2023 LLR 615

DELHI HIGH COURT

 

If an employer fails to constitute ICC, the complainant can approach Local Complaints Committee.

2023 LLR 606

DELHI HIGH COURT

 

Reinstatement with full-back wages is not to be applied mechanically.

2023 LLR 597

JAMMU AND KASHMIR HIGH COURT

 

Dismissal was appropriate when a bus conductor was found misappropriating Rs. 36.50/-.

2023 LLR 632

MADRAS HIGH COURT

 

Labour Court cannot interfere with punishment if the enquiry was fair and proper.

 

2023 LLR 640

MADRAS HIGH COURT

 

Appropriate Government should not take upon the task of adjudicating the dispute on merits.

2023 LLR 603

DELHI HIGH COURT

 

Initial Burden lies upon the workman to prove his unemployment.

2023 LLR 611

DELHI HIGH COURT

 

No relief in a dispute if raised after a decade.

2023 LLR 634

MADRAS HIGH COURT

 

Mere affidavits made by a daily wager will not prove that he had worked for 240 days.

2023 LLR 645

PUNJAB AND HARYANA HIGH COURT

 

Labour Court, unlike Civil Court, has the power to create new contracts.

2023 LLR 635

MADRAS HIGH COURT

 

Salary and promotion are important factors in the determination of a workman.

2023 LLR 652

PUNJAB AND HARYANA HIGH COURT

 

There is a limitation of three years for raising disputes under section 2A (2) of the ID Act.

2023 LLR 634

MADRAS HIGH COURT

 

A daily wager is not entitled to claim for regularization.

2023 LLR 645

PUNJAB AND HARYANA HIGH COURT

 

Mens rea or actus reus is not essential for imposing penalties/damages for breach of obligations/liabilities under the ESI Act.

2023 LLR 659

TELANGANA HIGH COURT

 

When a plea is not raised before the trial court, the same is not admissible before the writ court.

2023 LLR 650

PUNJAB AND HARYANA HIGH COURT

 

Operation Manager would not be a ‘ ‘workman’ ‘ when he failed to lead any evidence.

2023 LLR 652

PUNJAB AND HARYANA HIGH COURT

 

If the salary of employees is approved by the principal employer, it will prove his control and not of an immediate employer.

2023 LLR 591

CALCUTTA HIGH COURT

 

Maintaining a seniority list is not mandatory for retrenchment in the case of daily wagers.

2023 LLR 615

DELHI HIGH COURT

 

Calculating gratuity as per section 4(2) of the Act considering the basic pay plus dearness allowance is not wrong.

2023 LLR 601

BOMBAY HIGH COURT

 

Award after 30 days of its publication becomes enforceable.

2023 LLR 654

RAJASTHAN HIGH COURT

 

Income from self-employment would be calculated for ascertaining the wages for interim relief.

2023 LLR 611

DELHI HIGH COURT

 

An establishment, employing only 19 employees, is not to be covered under the EPF Act.

2023 LLR 692

KARNATAKA HIGH COURT

 

When the petitioner had been pursuing before the wrong forum, he will be entitled to the benefit of Section 14 of the Limitation Act 1963 for the delay in filing appeal.

2023 LLR 682

CALCUTTA HIGH COURT

 

Retirement or VRS would not automatically disentitle the workmen for EPF contributions.

2023 LLR 664

ORISSA HIGH COURT

 

An order passed by EPF Authority in the review application, without hearing the petitioner, is not sustainable.

2023 LLR 676

BOMBAY HIGH COURT

 

Criminal prosecution against the Managing Director, leaving the company aside, for embezzlement of EPF contributions is not legal.

2023 LLR 687

JHARKHAND HIGH COURT

 

An ex-parte order passed by the Tribunal without considering the main points is to be set aside.

2023 LLR 689

JHARKHAND HIGH COURT

 

An order under section 7A with procedural irregularities is to be remanded for rectification.

2023 LLR 696

MADRAS HIGH COURT

 

‘Attendance Bonus’ would qualify for exclusion from Section 2(b)(ii) of the Act.

2023 LLR 698

MADRAS HIGH COURT

 

An employer is not liable to pay an employee’s EPF contributions for a retrospective period.

2023 LLR 700

TELANGANA HIGH COURT

 

Non-deposit of employees’ EPF contributions within prescribed limitation is not an offence.

2023 LLR 687

JHARKHAND HIGH COURT

 

Notifications/circulars or settlements cannot override the statute.

2023 LLR 664

ORISSA HIGH COURT

 

An order passed by the EPF Authority without notice to the relevant establishments is not sustainable.

2023 LLR 700

TELANGANA HIGH COURT

 

If the coverage of the establishment under the EPF Act is annulled, the order passed under Sections 7A/7B will not be tenable.

2023 LLR 689

JHARKHAND HIGH COURT

 

Payment of instalments will not absolve the petitioner from paying interest.

2023 LLR 680

CALCUTTA HIGH COURT

 

Delay in raising a claim after seven years is no hurdle in ‘non-providing any limitation of the period’.

2023 LLR 664

ORISSA HIGH COURT

 

When proceedings by EPF Authority are independent and not correlated with Section 7-A of the Act, orders passed under Section 14-B and 7-Q of the Act are not appealable.

2023 LLR 678

BOMBAY HIGH COURT

 

Labour Officer is not a Conciliation Officer under section 4 of the ID Act.

2023 LLR 626

MADHYA PRADESH HIGH COURT

 

Full and final settlement cannot have any bearing on dues payable by the employer.

2023 LLR 664

ORISSA HIGH COURT

 

EPF Appellate Tribunal is empowered to use its discretion, which cannot be curtailed by High Court.

2023 LLR 693

MADRAS HIGH COURT

 

Writ Court cannot adjudicate the correctness of rules for recovery as EPF Act does not provide withholding of recovery proceedings to prefer an appeal.

2023 LLR 684

CHHATTISGARH HIGH COURT

 

An appeal claiming higher interest is barred by the principle of constructive res judicata.

2023 LLR 703

TRIPURA HIGH COURT

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