Legal Updates
Provident Fund payment have priority over other payments held by Telangana High Court.
Syndicate Bank, Hyderabad. V. The Regl.P.F. Commissioner, Hyderabad & 2 ors. [WP No. 12361 of 2015; dt. September 20, 2024]
EPF Act would be applicable to the persons who are not covered under the contributory scheme of the bank.: the Madras High Court.
Tamil Nadu Grama Bank V. the Regional Provident Fund Commissioner II [WP No. 21205 of 2022; dt September 25, 2024]
Employer can claim deduction under Income Tax Act, 1961 provided the employees’ share of PF and ESI deposited within the due date prescribed under the respective Acts.
Principal Commissioner of Income Tax Jaipur -II, Jaipur V. Rajasthan Rajya Vidyut Utpadan Nigam Ltd. [D.B.IT appeal No. 329 of 2018; dt. September 26, 2024]
Principle employer is liable to pay gratuity in respect of contract workers, who are engaged through multiple contractors, and in absence of specific clause for payment of gratuity in the contract. - Bombay High Court
Indian Institute of Technology, Bombay V. Tanaji Babaji Lad & ors [W.P No. 12746 of 2024; 4 October 2024]
In absence of employer-employee relationship contract workers cannot claim reinstatement and regularisation of service: Guwahati High Court in
Jatin Rajkonwar and others V. Union of India and others [WP (C ) No. 3871 of 2020; dt. 4 October 2024]
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]