Legal Updates
Gratuity of an employee cannot be withheld due to proceedings unrelated to the official duties held by Rajasthan High Court in Smt. Sunita Dixit V. State of Rajasthan & Ors [C.W.P No. 8786 of 2022; dt. 15 October 2024]
Nurses employed on contractual basis by the state are entitled to maternity benefit and is not coterminous with employment tenure: Madras High Court in MRB Nurses Empowerment Association V. Principal Secretary & Ors [W.P No. 27556 of 2018, dt. 18th October 2024]
Reinstatement is not automatic when termination order is passed in violation of section 25F of Industrial Disputes Act: the Bombay High Court (Nagpur Bench) Shri Sharad S/o Madhavrao Mohitkar V. The Chief General Manager, Bharat Sanchar Nigam Limited. [W.P No. 4242 of 2011; dt. October 22, 2024]
The Employee Compensation Act, 1923 mandates payment of interest by the employer for default in payment of compensation: the Bombay High Court.
Air India Charters Ltd. V. Tanja Glusica & Ors. [A.no. 1854 of 2013; dt. October 23, 2024]
Labour Court can issue notice to a party which may not party to reference held by Madhya Pradesh High Court in Manjeet Global Private Limited V. State of Madhya Pradesh [W.P No. 2138 of 2024; dt. 25 Oct 2024]
Employees of the statutory canteen are not the employees of the principal employer held Allahabad High Court.
Hindustan Aeronautics Ltd. V. Hindustan Aeronautics Karmchari Sabha [W.P.C No. - 1000315 of 2012; dt. November 4, 2024]
The principal of a school shall not be ‘Principal Employer’ as contemplated u/s 2(17) of the ESI Act: the Punjab & Haryana High Court
Employees State Insurance Corporation V. Vijay Singh Jakhar and another [CRM-M- 1189 of 2017; dt. November 6, 2024]
Factual findings of labour court should not normally be disturbed by a writ court without compelling reasons: the Supreme Court.
Ganapati Bhikarao Naik V. Nuclear Power Corporation of India Limited [ C.P No: 6591-6592 of 2024; dt. November 13, 2024]
Authority which has passed the original order cannot invoke writ jurisdiction unless the appellate Tribunal acted without jurisdiction held Madras High Court.
Employees’ Provident Fund Organisation V. the Presiding Officer, Employees’ Provident Fund Appellate Tribunal and Ors. [W.P No. 37603 of 2015; dt. January 2, 2025]
Insurer required to pay 12% interest for delayed payment of compensation under the Employee Compensation Act, 1923 held Supreme Court.
Shanti & Ors V. National Insurance Company [C. A No. 2586 of 2025; dt. February 17, 2025]
Suppression of material information at the time of appointment would constitute an offence involving moral turpitude and employee not entitled to gratuity held Supreme Court.
Western Coal Fields Ltd. V. Manohar Govinda Fulzele [C.A No. 2608 of 2025; dt. February 17, 2025]
Persons employed as commission agents on a ‘contract for service’ are not entitled to coverage under the EPF Act held Orissa High Court.
Orissa State Co-Operative Bank Ltd V. Union of India and Ors. [W.P.(C) No.6323 of 2010 February 28, 2025]
Orders passed u/s 7A of the EPF Act are a composite order passed u/ss 7A and 7Q held Calcutta High Court.
Vijai Shree Ltd. & Anr V. Regional P.F. Commissioner [WPA 19799 of 2005; dt. February 25, 2025]
Reference can be made by the appropriate government, if dispute exists or it apprehend a dispute held Gujarat High Court.
Cadila Pharmaceuticals Limited vs Xyz (Marina Stratieva) [Special Civil Application No. 15359 of 2024; February 25, 2025]
Newly set up establishment of lessee cannot be treated by the EPFO as the continued business of the previous unit that operated in the same premises held Madhya Pradesh High Court.
Amicus Pharmaceuticals Private Limited V. the Regional Provident Fund Commissioner [W.P No. 3778 of 2007; dt. March 11, 2025]
Establishment cannot treat same class of employees differentially held Calcutta High Court.
The India Jute & Industries Limited & Anr. V. The Regional Provident Fund Commissioner & Ors. [WPA 23925 of 2009; dt. March 26,2025]
Badly worker who rendered long service entitled to gratuity from the employer held Calcutta High Court.
Hooghly Infrastructure Pvt. Ltd. C & C R v. Sk. Alam Ismail & Ors. (WPA 28770 of 2024; dt. March 18, 2025)
Principal employer liable to pay the Gratuity in case of default by the contractor held Calcutta High Court.
Hindustan Petroleum Corporation Limited V. the Appellate Authority under the Payment of Gratuity Act, 1972 & Ors. [WPA 25774 of 2024; dt. March 12, 2025]
Long term employees should not be continued as daily wagers, contrary to the statutory and equitable norms held Madras High Court.
The Registrar, Thiruvalluvar University V. the Principal Labour Court, Vellore and ors. [W.A.Nos.496 to 499 of 2020; dt. March 25, 2025]