Recent Labor Law Judgments (2024)

Recent Labor Law Judgments (2024)

Kerala High Court

Private WhatsApp Chats: Employee’s private WhatsApp group chats are not grounds for disciplinary action.
Mere Apology: An apology from an employee does not imply an admission of guilt.
Intentional Murder and Compensation: Intentional murder by an employee does not qualify for accident compensation.
Date of Birth Change Post-Retirement: Employees cannot change their date of birth after retirement.
Basic Wages and Allowances: Employers cannot object to considering certain allowances as basic wages later.
Responsibility and Punishment: Punishment cannot be interfered with solely because it was not the employee’s responsibility to perform certain tasks.

Delhi High Court

Disciplinary Proceedings and Superannuation: Disciplinary actions cannot extend beyond the age of superannuation.
Industrial Dispute Location: Employees can only raise disputes in the courts at their place of transfer.
Compensation Commissioner Orders: High Courts cannot be approached against orders from the Compensation Commissioner.
Pre-Deposit of Damages: Tribunals cannot mandate pre-deposit of damages during appeals.
Defreezing Bank Accounts: High Courts can order defreezing of bank accounts to ensure payment of employee salaries.
Unemployment Proof: Proving unemployment is challenging as a negative fact cannot be established.

Calcutta High Court

Supervisor Definition: Handling administrative work independently and providing completion reports qualifies one as a supervisor.
Trainee Gratuity: Trainees are considered employees for gratuity purposes, unlike apprentices.
Office Relocation: Management is not required to notify changes in service conditions for office relocation.
Differing Opinions in Enquiry: Conflicting views between the disciplinary authority and enquiry officer can invalidate the enquiry.
Absorption and Gratuity: Absorption after training does not disrupt service continuity for gratuity.
Interest on Gratuity: Employees are entitled to interest on delayed gratuity payments even without a specific claim.
Madras High Court

Leave Encashment: Employees must receive leave encashment as it is considered part of their salary.
Contractual Employment: Long-term contract work does not guarantee a right to regular employment.
Society Business Disputes: Disputes related to the business of a society cannot be mixed with employment disputes.
PF Account Inactivity: No interest is accrued on a provident fund account once it becomes inactive.
Recovery of Money: The Assistant Labour Commissioner can enforce recovery of money due to workers under a settlement.

Telangana High Court

PoSH Act Appeals: Appeal provisions under the PoSH Act and Rules are valid and not in conflict with each other.
Accounts Executive Classification: An Accounts Executive is not considered a 'workman' under Section 2(s) of the ID Act.
CLRA Act Violations: Violations of the CLRA Act result in penal consequences rather than regularization.
Parity with Reengaged Employees: Employees cannot claim parity with those reengaged for implementing a labor court award.
EPF Act and Trainees: Trainees receiving wages are considered employees under the EPF Act.
Company Clubbing: Clubbing of companies is valid if one is a 100% owned subsidiary of the other.

Bombay High Court

Contract Employment: Working on a contract basis for a long period does not confer a right to regular employment.
Retrospective Pension Contributions: Employers cannot make retrospective contributions beyond statutory limits to pension funds after retirement.
Funding and BOCW Act Prosecution: Funding status does not influence criminal prosecution under the BOCW Act.
Cooperative Societies and Maternity Benefits: Cooperative societies are included under the Maternity Benefit Act.

Karnataka High Court

Date of Birth and Retirement: Changing the date of birth post-retirement is not permitted.
EPF Act and Establishment Heads: The President and Secretary of an establishment are not classified as employees under the EPF Act.
Defreezing Bank Accounts: Employers can represent before EPF authorities for defreezing bank accounts.
Show Cause Notices: Show cause notices for recovery of dues cannot be challenged if not initially contested.

Jharkhand High Court

CLRA Act Violations: Violations lead to penalties rather than regularization.
EPFO Limitation Period: Limitation for EPFO orders is calculated from the date of knowledge when the order was not shared.

Himachal Pradesh High Court

Trustee Powers: Only the CGIT, not solely the Board of Trustees, can reduce damages.
EPF Act and Orphanages: Messes run by orphanages fall under the EPF Act.

Orissa High Court

Absorption of Casual Workers: Industrial Tribunals, not Writ Courts, can direct absorption of casual workers.
Unemployment Proof: It is presumed that workmen have worked continuously unless proven otherwise.
Suspension Consideration: Authorities must consider applications for suspension even in sexual harassment cases.

Punjab and Haryana High Court

Cess Act Reimbursement: There is no restriction on agreeing to reimburse statutory liabilities under the Cess Act.
Provident Fund Deductions: Principal employers must ensure provident fund deductions if contractors lack PF accounts.

Patna High Court