MARCH 2023 – IMPORTANT JUDGEMENTS
Contents News/Article Date: 1st April 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 – March 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 – March 2023 covering:
- Industrial Disputes Act
- ESI Act
- PF Act
- POSH Act
- Gratuity Act
- Compensation Act
- Payment of Wages Act
Subject: Important Judgements – March 2023
Appended is the complete news item
MARCH 2023 – IMPORTANT JUDGEMENTS
Police must protect property and lives of employer and non-striking workers from unruly workers on strike.
2023 LLR 266
MADRAS HIGH COURT
An employee, covered under ESI Act, has a fundamental right to its benefits.
2023 LLR 237
SUPREME COURT OF INDIA
Inquiry under POSH Act is not to be quashed even if not completed within 90 days.
Full back wages are appropriate on reinstatement when an employer has delayed the proceed-ings.
2023 LLR 282
BOMBAY HIGH COURT
Unauthorised absence of a workman for long period will justify termination without enquiry.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT
Interest on gratuity is to be levied if not paid within 30 days.
2023 LLR 293
KARNATAKA HIGH COURT
Unexplained possession of Rs.359 by a bus conductor on duty would justify his termination.
2023 LLR 308
KARNATAKA HIGH COURT
An establishment will continue to be covered under ESI even when the number of employees is below 10.
2023 LLR 237
SUPREME COURT OF INDIA
No retrenchment compensation on termination without completing 240 days of service.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT
Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months.
2023 LLR 252
GUJARAT HIGH COURT
Dismissal without compliance with section 25F of the ID Act is unjustified when the workman completed 240 days of service in 12 months.
2023 LLR 302
RAJASTHAN HIGH COURT
Non-issuance of tickets despite collecting money is a grave misconduct justifying dismissal.
2023 LLR 290
KARNATAKA HIGH COURT
No leniency can be shown to a bus conductor who has committed 191 misconducts in the past.
2023 LLR 308
KARNATAKA HIGH COURT
Agitating workers can protest peacefully 100 meters away from work premises.
2023 LLR 266
MADRAS HIGH COURT
Abandonment of job to be presumed if workman did not resume duties despite repeated letters.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT
Reinstatement despite illegal termination is redundant when the concerned workman is already superannuated.
2023 LLR 254
ORISSA HIGH COURT
Gratuity can be forfeited only for prescribed contingencies under section 4(6) of the Act.
2023 LLR 297
MADRAS HIGH COURT
Dismissal is justified for unexplained and unauthorised absence for a long period.
2023 LLR 304
PUNJAB AND HARYANA HIGH COURT
Determination of EPF contribution under section 7-A without identification of beneficiaries is not proper.
2023 LLR 332
KARNATAKA HIGH COURT
Ad hoc allowance linked with attendance, when variable, would not be treated as basic wages.
2023 LLR 319
ANDHRA PRADESH HIGH COURT
Damages are to be levied considering the period of delay, conduct and financial position of the employer.
2023 LLR 316
ORISSA HIGH COURT
An appeal will not lie after a delay of 10 days.
2023 LLR 353
MADRAS HIGH COURT
Earnings not by all employees would not be treated as basic wages for contributions.
2023 LLR 344
MADRAS HIGH COURT
Installments can be permitted by High Court for the deposit of EPF dues.
2023 LLR 341
KERALA HIGH COURT
Exemption from the Act is to be granted only after consultation with Central Board.
Production incentives depending on variable productivity will not be wages for contributions.
2023 LLR 319
ANDHRA PRADESH HIGH COURT
If an employer contravenes or makes a default in complying with any of the conditions of the exemption, the deviation would be punishable.
EPF order when not sent to the proper address would justify an extension period for appeal.
2023 LLR 322
CALCUTTA HIGH COURT
Instead of 75% pre-deposit the tribunal should have considered only 10%.
For clubbing of two establishments functional interdependence would be essential.
2023 LLR 327
GUJARAT HIGH COURT
Limitation Act is not applicable in filing appeals.
2023 LLR 330
KARNATAKA HIGH COURT
EPF authority to re-assess determined contributions after identification of beneficiaries.
2023 LLR 332
KARNATAKA HIGH COURT
For the determination of money, the assets and liabilities as per the balance sheet should not be conclusive.
2023 LLR 336
KERALA HIGH COURT
Beneficiaries are entitled only to interest when the EPF contributions are deposited belatedly.
2023 LLR 316
ORISSA HIGH COURT
There cannot be any strait-jacket formula of mens rea to be blindly followed in all cases.
2023 LLR 336
KERALA HIGH COURT
The term, ‘basic wages’ does not include any dearness allowance, house rent allow-ance, overtime allowance or any other similar allowance.