Important labour Judgments 2023

Important labour Judgments 2023

In labour dispute parties would be required to furnish their permanent addresses even after having address representative of workman, he shall furnish permanent address of workman.

M/s. Creative Garments Ltd. vs. Kashiram Varma. 2023 (177) 356 (S.C.)

Merely because of stay order on reinstatement, back-wages cannot be denied when ultimately the order or reinstatement was confirmed.

D.N. Krishnappa vs. Dy. General Manager. 2023 (176) FLR 622 (S.C.)

Transfer of pending writ petitions in different high courts challenging the Bonus Amendment Act of 2015 to Supreme Court is not called for.

Union of India, etc. vs. United Planters Association of Southern India, etc., etc. and others. (2022) 175 FLR 96, 2023 LLR 241 (S.C.)

When neither the workman proved unemployment, withdrew his first affidavit of non employment and submitted fresh affidavit without indicating anything about employment, nor employer proved the gainful employment and labour court did not grant him any back-wage, higher court granted lumpsum compensation of 3 lakh in lieu of back-wages.

Ramesh Chand vs. Management of Delhi Transport Corporation. 2023 LLR 1304 (S.C.)

If the salary is paid by the contractor and has ultimate supervision and control over contract labour with the right to regulate employment, principal employer cannot be directed to absorb the labour of contractor, no matter if principal employer pay all statutory dues including salary, PF and others if not paid by the contractor and deducted from his bill.

Kirloskar Brothers Limited vs. Ramcharan and Ors. 2023 LLR 1; 2023 (176) FLR 444 (S.C.)

Order of the dismissal signed by Municipal Commissioner and ratified by general board would be legal.

Municipal Commissioner, Jamnagar Municipal Corp. and Another vs. R.M. Doshi. 2023 LLR 709; 2023 (177) FLR 805 (S.C.)

Sub Section (6) of Section 1 of ESI Act is applicable retrospectively so, would be applicable from back date even if the employees number of the establishment falls below 20.

The ESI Corporation vs. M/s. Radhika Theatre. 2023 LLR 237 (S.C.)

When the injured was to lift heavy weights which she was unable to do after the incident, it would be deemed total disablement.

Chandramma vs. Manager Regional Office NCC Ltd. 2023 (176) FLR 436 (S.C.)

Basic wage under EPF Act cannot be equated with minimum wages.

Assistant Provident Fund Commissioner vs. M/s. G4S Security Service (India) Ltd. & Anr. 2023 LLR 1138 (S.C.)

Supervisors working in security printing press being exempted under rule 100 of Maharashtra Factories rules are not entitled to double overtime allowance.

Security Printing and Minting Corporation Of India Ltd. vs. Vijay D. Kasbe. 2023 (177) FLR 832 (S.C.)

Advocate cannot appear as representative of either party before Labour Courts/Tribunals as a matter of right. It can be done only after consent. Bar under Section 36(4) of I.D. Act is constitutionally valid.

Thyssen Krupp Industries India Private Limited & Ors. vs. Suresh Maruti Chougule & Ors. 2023 LLR 1181 (S.C.)

Temporary employee would be entitled to full maternity benefit even if her tenure comes to an end in between the period of maternity benefit. Continuation of maternity benefits is in-built in the statute itself.

Dr. Kavita Yadav vs. The Secretary, Ministry of Health and Family Welfare Department & Ors. 2023 LLR 1299 (S.C.)

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February 2024

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