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
