Legal Updates
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]
Excess payments made by the employer to an employee on account of wrong interpretation or understanding of circulars is not recoverable: SC
Jogeswar Sahoo & Ors. V. The District Judge, Cuttack & Ors. [SLP(C) No. 5918 of 2024; dt. April 4, 2025]
The person acting as an agent of the owner or occupier held to be ‘principal employer’ u/s 2(17) the ESI Act: SC
Ajay Raj Shetty V. Director and Anr. [Spl. No. 3743 of 2024; dt. April 17, 2025]
Section 1(6) of ESI Act is not applicable where the coverage is sought for first time: AP HC
The Regional Director, ESI Corporation V. M/s. Sri Ramakrishna Rice Mill & 4 others [CMA No: 801 of 2008; dt. March 24, 2025]
Gratuity Act does not provide any limitation period in making an application for gratuity payment: MP HC
Little World Higher Secondary School V. State of M.P. and Others [W.P No. 563 to 572 of 2023; April 15, 2025]
Exclusive jurisdiction clause under the employment contract is not violative of Sec 28 of the Contract Act held SC.
Rakesh Kumar Verma V. HDFC Bank Ltd. [CA No. 2282 & 2286 of 2025; dt. April 4, 2025]
EPFO cannot initiate coercive action merely because it has a different interpretation of the stay order.
Bajaj Finance Limited V. Central Board of Trustees Employees Provident Fund Organisation and Anr. [ WP No.15894/2025; May 06, 2025]
Petition filed after the further period of limitation is un-condonable held Madras HC.
M/S. Mandala Apparels Pvt. Ltd V. The Regional Provident Fund Commissioner [W.P.No. 8698 of 2021; dt. May 29, 2025]
Writ petition cannot be entertained when there is an alternative remedy available held Mad. HC.
M/s Bafna Pharmaceuticals Limited V. The Assistant Commissioner of Provident Fund, Regional Office [W.P No. 23638 of 2021; dt. May 29, 2025]
The site allowance which is not paid universally will not form part of ‘wages’ for the purpose of provident fund deductions held Kerala HC.
Employees Provident Fund Organisation V. M/S. Gobins India Engineering Private Limited [WP ( C) No 17990 of 2016’ dt. June 11, 2025]
Casual workers engaged by the milk co-operative are entitled to permanent status after rendering 480 days of service held Madras HC.
The Management, Tamil Nadu Co-operative Milk Producers Federation, Aavin Milk and Milk Power Industry, Ammapalayam V. The Deputy Director, the Industrial Safety and Health Department and ors. [W.P. No. 25636 and 25642 of 202’ dt. May 29, 2025]