Recent Judgements
Every judgement in the library, ordered by the date it was delivered. Start here to catch up on what the courts have said most recently about wages, terminations, social security and workplace safety.
5 judgements
Supreme Court Refers to Larger Bench the Question Whether EPF Damages for Delayed PF Deposits Are Mandatory
The appeals arose from proceedings concerning the liability of successful resolution applicants to pay provident fund dues, including interest under Section 7Q and damages or penalty under Section 14B of the EPF & MP Act. The Supreme Court considered the effect of the EPF statutory first charge, the treatment of provident fund dues under insolvency proceedings, and the earlier decision in Horticulture Experiment Station Gonikoppal v. Regional Provident Fund Organisation, which held that damages under Section 14B were automatic upon delayed payment.
Delhi High Court: Maternity Leave Cannot Result in Demotion or Loss of Career Prospects
The Delhi High Court held that a woman returning from maternity leave cannot be demoted or assigned an inferior role. She must be restored to her previous position or an equivalent role with comparable pay, responsibilities, authority and career prospects. The Court awarded ₹10 lakh compensation and ₹1.5 lakh costs.
Kerala High Court Clarifies Pre-Deposit Requirement for Appeals Against EPF Damages
The Kerala High Court held that the 75% pre-deposit requirement under Section 7-O of the EPF Act applies only to appeals against provident fund dues determined under Section 7A, and not to appeals against damages imposed under Section 14B. However, the Tribunal may impose a reasonable deposit condition while granting a stay against recovery.
Karnataka High Court Clarifies Five-Year Service Requirement for Gratuity
The Karnataka High Court, in Bengaluru Metro Rail Corporation Ltd. v. Nandeesh H.V., held that an employee who resigned after completing only 4 years, 9 months and 12 days was not entitled to gratuity under Section 4 of the Payment of Gratuity Act, 1972. Since the employee had not completed the mandatory five years of continuous service and no statutory exception applied, the Court quashed the gratuity orders passed by the Controlling and Appellate Authoritie
Unfair Labour Practice – Non-payment of Wages – Bank Account Entries – Burden of Proof Short Summary
The Bombay High Court held that salary-credit entries appearing in an employee’s bank account cannot be treated as mere paper entries without supporting evidence. Where the bank statement also reflects subsequent withdrawals, such entries prima facie establish that the wages were available to and utilised by the employee. The Court ruled that the burden of proving that the wage entries were fictitious, or that the employee was prevented from withdrawing the credited amount, lies on the party making that allegation. Since the Industrial Court ignored the withdrawal entries and relied on assumptions, its finding of non-payment of wages and the consequential liability could not be sustained. The petitions were disposed of after accepting the petitioners’ undertaking to comply with the remaining monetary directions.