Forfeiture of gratuity can be imposed to the extent of damages or loss caused by employee. Jyotirmay Ray vs. The Field General Manager, Punjab National Bank & Ors. 2024 LLR 349; 2024 LLR WEB 23 (S.C.) Order of controlling authority under the Payment of Gratuity Act awarding the amount to...
Important Labour Judgments 2024
Cover Story, Important Labour Judgments 2024
Supreme Court: Assessment of EPF dues and initiation of recovery proceedings are proper when the company was not declared as sick.
Section 7A notice can be quashed if employer is willing to submit form for transfer of funds under J&K EPF Act, 1998. Metlife India Insurance Co. Ltd. vs. The Regional Provident Fund Commissioner. 2024 LLR 557 (Kar. H.C.) In case of non compliance of interim order by tribunal, dismissal of...
Cover Story, Important Labour Judgments 2024
Supreme Court: No bar exists on both criminal and department proceedings continuing separately on different forums. Acquittal in criminal proceedings does not entitle the employee for any benefit.
Labour court has no jurisdiction to set aside the termination under Section 33(c) (2) of I.D. Act. M/s. Cadila Healthcare Ltd. vs. Presiding Officer. 2024 (180) FLR 888 (J&K & Ladakh H.C.) When the enquiry was found fair and proper and the Enquiry Officer rightly arrived at the conclusion...
Cover Story, Important Labour Judgments 2024
Supreme Court: Dispute related to wages if going to affect more than 100 workmen, will be referred to industrial tribunal and not labour court.
For closure of business, employer is not required to submit alternative or restructuring plan. Livelihood of people or the business and economic activities cannot be the subject matter to refuse the closure permission. DIC India Limited & Anr vs. The State of West Bengal & Ors. 2024 LLR...
Cover Story, Important Labour Judgments 2024
Supreme Court: Workman is not entitled to back-wages if his termination is held illegal but proved as gainfully employed.
When management did not sent letters to report for duties till receipt of notice from workman, it will not be abandonment. M/s. Premsons Trading (P) Ltd. vs. Shri Dinesh Chandeshwar Rai C/o. Maharashtra Employees Union. 2024 LLR 524; 2024 (182) FLR 50 (Bom. H.C.) Abandonment cannot be presumed when...
February 2025
