Labour & Service
Mere Implication Of Name In Vigilance Case Cannot Prevent Acceptance Of Application For Voluntary Retirement: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Aditya Kumar Mohapatra while deciding a Writ Petition in the case of Govind Nag vs State of Orissa & Ors has held that mere implication of the name of the officer in a vigilance case could not stand in way of accepting an application for voluntary retirement of the officer. Background Facts Govind Nag (Petitioner) was appointed as Inspector of Cooperative Society in 1996. During the course of employment of the...
Non-Consideration Of Representation To Statutory Authority Amounts To Dereliction Of Duty: Madras High Court
A single judge bench of the Madras High Court comprising of Justice R.N.Manjula while deciding a Writ Petition in the case of C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors. has held that non-consideration of a representation made to a statutory authority amounts to dereliction of duty. Background Facts C. Chandran (Petitioner) was appointed as Tradesman in Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors (Respondent) in 1989 and...
Management Has Right To Restructure Cadres And Merge Posts, Tribunals Can't Interfere With Policy Decisions: Central Administrative Tribunal, Cuttack
The Central Administrative Tribunal (Cuttack) division bench of Shri Sudhi Ranjan Mishra (Judicial Member) and Shri Pramod Kumar Das (Administrative Member), held that the Aviation Research Centre had the right to reorganize its cadre structures, effect mergers of cadres, or create new cadres based on necessity and work requirements. The bench stated that it could not interfere with such policy decisions unless they violated fundamental rights, and statutory provisionsstatutory...
Employee's Provident Fund Appellate Tribunal Has Power To Reduce Or Waive Damages Imposed On The Employer: Madras High Court
A division bench of the Madras High Court comprising of Justice D. Krishnakumar and Justice R. Vijayakumar while deciding a Writ Appeal in the case of Regional Provident Fund Commissioner, EPFO vs President Officer, Employee's Provident Fund Appellate Tribunal & Ors has held that , Employee's Provident Fund Appellate Tribunal is empowered to reduce or waive damages imposed on the employer as per the EPF Act and EPF Scheme Background Facts On order under Section 14B of the ...
Casual And Daily Wage Workers Do Not Possess Right To Seek Regularization: Central Administrative Tribunal, Allahabad
The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash held that casual labourers or daily wage workers do not possess the right to seek regularization. The bench held that the Workman's claim of serving as an 'Outsider Officiating Sweeper' for a significant duration remained unsubstantiated. The certificate provided by the department alone did not suffice to substantiate the Workman case for regularization. Further, it held that even if the authenticity of the...
Estoppel Against Challenging The Nature Of Employment Once It Duly Accepted: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Justice H.S. Thangkhiew while deciding a Writ Petition in the case of Gurdeep Singh & Ors vs UOI & Ors has held that there is an estoppel against challenging the nature of employment once the employee has duly accepted the same Background Facts A total of 14 Petitioners were part-time cleaners and sweepers with North Eastern Electric Power Corporation Ltd. (Respondent) and were appointed on various dated between...
Mere Filing Of Representation Doesn't Extend Period Of Limitation Unless Any Action Is Taken : Jammu & Kashmir High Court
A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjay Dhar while deciding a Writ Petition in the case of Mohd. Sadeeq vs State of J & K and Anr. has held that mere filing of representations does not extend the period of limitation unless an action has been taken on those representations. Background Facts Mohd. Sadeeq (Petitioner) was appointed as a Field Assistant in a Government Resin Factory in 1974. In 2002, the Petitioner furnished...
Government Employee Can't Be Denied Notional Increment Merely Because They Retired On Last Day of June And Not On 1st July: Allahabad Central Administrative Tribunal
The Central Administrative Tribunal, Allahabad bench of Justice Om Prakash held that the employees are entitled to one annual increment earned on the last day of their service. The bench held that since the applicants retired on the last of June, they were entitled one notional increment due and cannot be denied increment merely because they retired the next day of earning it. A notional increment refers to an imaginary or hypothetical increase in salary or benefits that an employee...
Management Under Obligation To Give Reasoned Order While Considering Regularization Of Services: Central Administrative Tribunal, Kolkata
The Central Administrative Tribunal, Kolkata division bench of Mr Anindo Manjumdar (Administrative Member) and Mr Rajnish Kumar Rai (Member) held that the Management should not dismiss the Workman's case for regularization summarily and must give a reasoned and speaking order after considering the relevant circulars and principles established by the Supreme Court. Brief Facts: The Workman was employed as a Casual Mazdoor under the Department of Telecommunications, Government of...
Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Commissioner of Police & Ors vs Sant Ram has held that enquiry cannot be dispensed with only on the basis of a perceived notion that the accused being a police personnel would threaten the witnesses and holding of an enquiry would cause trauma to the complainant Background Facts Sant Ram (Respondent) was appointed as a constable in...
Tribunal Order On Legality Of Domestic Enquiry Can Be Challenged Without Waiting For Final Order : Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of CSB Bank Ltd vs UOI & Anr. has held that an order of a Tribunal can be challenged in a writ petition without waiting for the final order on ground of being in excess of jurisdiction. Background Facts In a reference before the Central Government Industrial Tribunal (Tribunal) at Kolkata in Catholic Syrian Bank Ltd. Vs. Their Workman Sri Sitangshu...
Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. It held that it is incumbent upon the employer to place on record substantial evidence to prove that specific notice was issued to the workman before alleged abandonment advising/asking workman to join duty within stipulated period. Brief Facts: The Respondent (“Workman”) was...