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.
3 judgements
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.
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.