High Court Judgements
Judgements of the High Courts on labour and employment law. A High Court ruling binds the establishments in its own state, so filter by state to see the case law that governs your workplaces.
7 judgements
Film & Television Institute of India v. Javed Rasul Banedar & Ors.
Bombay High Court Upholds Regularisation of Seven FTII Workers Routed Through Successive Contractors
Kanknarrah Jute Pvt. Ltd. & Anr. v. State of West Bengal & Ors.
The Calcutta High Court dismissed an employer’s challenge to gratuity recovery orders in a dispute concerning compound interest on outstanding dues that included simple interest. The employer stated that it had paid the entire principal gratuity amount and that only part of the simple interest remained unpaid. It argued that Section 8 of the Payment of Gratuity Act, 1972 did not permit compound interest to be levied on that outstanding interest component. The Court held that Section 8 applies when the controlling authority issues a certificate for recovery of gratuity payable. The certificate follows the authority’s payment order, and the amount directed to be paid includes simple interest on the principal gratuity. Finding no scope for a different interpretation, the Court declined to interfere with the challenged orders.
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.
Municipal Commissioner/Director, Ahmedabad Janmarg Ltd. v. Karnavati Nagarparivahan Mazdoor Sangh & Ors.
The Gujarat High Court declined to interfere with an order restoring an industrial reference concerning workers’ demands for regularisation and service benefits in the Ahmedabad Janmarg Ltd. BRTS project. The Court observed that the reference had been dismissed for non-prosecution without a decision on merits, and that restoration upon sufficient cause being shown falls within the court’s discretion. It directed completion of the reference proceedings within six months from receipt of the order.
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.