Top Labour Law Judgements: October 2024

KERALA HIGH COURT

Retrenchment Compensation Excludes Gratuity: Retrenchment amount should not include the gratuity amount payable to the employee.
2024 LLR 997
Subsistence Allowance during Suspension: Subsistence allowance cannot be stopped during suspension merely due to pending criminal proceedings.
2024 LLR WEB 300
Inspection Report Admissibility: The EO's inspection report is inadmissible in the absence of complete details of the employees.
2024 LLR 1022

KARNATAKA HIGH COURT

Lead Systems Engineer as Non-Workman: Lead Systems Engineer engaged in innovative and managerial work is not considered a workman.
2024 LLR 1001
Trade Union Representation: A Trade Union registered under the State Government can maintain a dispute before the CGIT.
2024 LLR WEB 299

BOMBAY HIGH COURT

ESI Coverage Exemption: Professionals engaged for maintaining accounts and compliances part-time are not covered under ESI.
2024 LLR 999
Representation Rights in Grievance Committee: A retired employee/non-employee can represent the union in the Grievance Redressal Committee.
2024 LLR WEB 298
Strike-related Employee Absence: Absence of employees due to strike for enforcing their demands does not amount to abandonment of their services.
2024 LLR WEB 301
Start-up Inspection Restrictions: Start-ups cannot be inspected under the EPF Act in the first year of their establishment.
2024 LLR 1037
Employer's Non-prosecution: Employers cannot be prosecuted without knowledge of misappropriation of PF dues.
2024 LLR 1037

MADHYA PRADESH HIGH COURT

Definition of Permanent Job: An employee is in a 'permanent job' if his salary is increased periodically.
2024 LLR 993

TRIPURA HIGH COURT

Gratuity Attachment for Government Dues: Gratuity can be attached for recovering government dues payable by an employee.
2024 LLR 982

MADRAS HIGH COURT

Medical Leave Submission: Medical leave letters should be submitted on the day of leave or at least the next day.
2024 LLR 990
PF Dues Payment: Employers must approach authorities, not High Court, to seek permission for remitting PF dues in installments.
2024 LLR 1005
Knowledge of Law in EPF Cases: Delay in remittance of EPF dues due to lack of legal knowledge is not a ground to waive damages.
2024 LLR 1017
Educational Institutions EPF Coverage: Educational institutions are coverable under the EPF Act.
2024 LLR 1017
Leave Sanction Validity: Leave sanctioned by an unauthorized clerk is not considered valid.
2024 LLR 990
Overtime Accident Compensation: Dependents are entitled to compensation if the employee’s accident occurred while working overtime.
2024 LLR WEB 296

PUNJAB & HARYANA HIGH COURT

Minimum Wages Claims: An employee cannot claim minimum wages of his family members before the High Court.
2024 LLR 996
Compensation during Closure: Compensation cannot be avoided merely because notice pay was made to the workman during establishment closure.
2024 LLR WEB 295
CGIT's Order Validity: CGIT's order of staying coercive action during the pendency of an appeal cannot be challenged before the HC.
2024 LLR 1051

DELHI HIGH COURT

Document Disclosure by EPF Authorities: EPF Authorities must provide the employer with all relevant documents relied upon by them.
2024 LLR 1004
Grievance under POSH Act: An aggrieved woman can file a complaint under the POSH Act even after the company has been wound up.
2024 LLR 972
Workmen Benefits: Employees are not entitled to workmen benefits if the establishment’s predominant function is non-commercial.
2024 LLR 945
Reinstatement after Delay: Claim for reinstatement after a 22-year delay without explanation constitutes laches and bars relief under the Industrial Disputes Act.
2024 LLR WEB 297
Payments under ID Act S.17-B: Payments under Section 17-B of the Industrial Disputes Act cannot be refunded even if the management emerges victorious.
2024 LLR 987
Unauthorized EPF Warrant Interference: The High Court cannot interfere with an arrest warrant if the employer failed to respond to the authority's show cause notice.
2024 LLR 1004

CALCUTTA HIGH COURT

Labour Ministry's Authority: Labour Ministry cannot declare proceedings under the EPF Act void.
2024 LLR 1043
Gratuity Forfeiture Limits: Gratuity cannot be forfeited if the loss or damage was caused to the employer.
2024 LLR WEB 302
Break in Service Clarification: Being unable to attend work due to an accident does not constitute a "break in service".
2024 LLR 980
Section 14B of EPF Act Validity: Section 14B of the EPF Act is not violative of Article 14 of the Constitution.
2024 LLR 1052

GUJARAT HIGH COURT

Dismissal for Misconduct: Securing employment based on incorrect particulars constitutes gross misconduct justifying dismissal.
2024 LLR 959

GAUHATI HIGH COURT

Award Enforcement: An employee cannot enforce the award of reinstatement if they refuse to rejoin even after repeated intimation.
2024 LLR 964
Authority Limitation: The authority under the Payment of Wages Act cannot determine the question of potential wages.
2024 LLR 964

MEGHALAYA HIGH COURT

Better Gratuity Claims: Employees can only approach the Labour Court to claim better gratuity.
2024 LLR 974
Unregistered Trade Union Rights: An unregistered Trade Union can challenge an award of the Tribunal/Labour Court but cannot file a writ petition.
2024 LLR 974

TELANGANA HIGH COURT

EPF Exemption for Trusts: The Central Government has exempted institutions run by religious/charitable trusts from the EPF Act.
2024 LLR 1029
Attachment Stay Prayer: Employers can pray for staying the attachment of a bank account before the CGIT during appeal’s pendency.
2024 LLR 1015

HIMACHAL PRADESH HIGH COURT

APFC's Challenge Rights: The APFC cannot challenge the order of the CGIT before the High Court.
2024 LLR 1050

PATNA HIGH COURT

PF Code Allotment Restrictions: PF Code cannot be allotted to an establishment solely based on the inspection report.
2024 LLR 1007
Unjust Interest Retention: The EPF authority cannot unjustly retain and earn interest on the amount deposited under Section 7O for 10 years.
2024 LLR 1025

ORISSA HIGH COURT