All High Courts
No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. vs State of WB and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in the advertisement itself or under some rule governing the recruitment. Background Facts Selection...
No Recovery Permissible From Retiral Benefits Of Employee Holding Class-III Post On Grounds Of Excess Payment.: Manipur High Court
A single judge bench of the Manipur High Court comprising of Justice Ahanthem Bimol Singh while deciding a Writ Petition in the case of Smt. W. Manileima Devi. vs State of Manipur & Ors. has held that no recovery can be made from retiral benefits of an employee holding Class-III post on grounds of excess payment. Background Facts W. Manileima Devi (Petitioner) was appointed Substitute Assistant Graduate Teacher in 1986 by Director of Education, Manipur (DEM) for a period of 6...
Pensionary Benefit Earned On Account Of Meritorious Past Services, Is A Constitutional Right Of An Employee Under Article 300-A Of The Constitution: Jharkhand High Court
A division bench of the Jharkhand High Court comprising of Shree Chandrashekhar, A.C.J. and Navneet Kumar, J., while deciding Letters Patent Appeals in the case of Birsa Agricultural University vs State of Jharkhand, has held that denying pensionary benefits to an employee is to rob them of a constitutional right under Article 300A of the Constitution, as pension is earned by the employee on account of their meritorious past services. Background Facts Mahmud Allam, Md. Abbas Ali,...
Management Not Responsible For Accident If Workman Does Not Utilize Provided Safety Equipment: Jharkhand High Court
The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the Management could not be held responsible for the accident of a Workman in the factory premises if despite providing the safety equipment, the Workman fails to utilize it. Brief Facts: The Workman employed with BMC Metal Cast Pvt. Ltd. (“Management”) suffered an injury while working. Following the accident, the Complainant inspected the factory premises on 24.9.2013 to ascertain the cause. According...
Interruption In Service Due To Accident Would Not Amount To Break In Service For The Purpose Of S. 2A Of Gratuity Act: 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 M/s. Dalhousie Jute Company Vs. The State of West Bengal & Ors. has held that non-rendering of uninterrupted service due to accident would not amount to break in service for the purposes of Section 2A of Payment of Gratuity Act, 1972 (Gratuity Act) Background Facts Respondent No. 4 (Workman) joined the services of M/s. Dalhousie Jute Company...
Question Referred Under S. 17(2) Of Working Journalists Act Cannot Be Construed As Industrial Dispute Under ID Act: Madras High Court
A single judge bench of the Madras High Court comprising of Justice N.Mala while deciding a Writ Petition in the case of S. Madhavan vs M/s THG Publishing Pvt. Ltd. has held that a question that is referred to a labour court under section 17(2) of the Working Journalists Act cannot be construed as an Industrial Dispute under section 2(k) of the ID Act. Background Facts M/s THG Publishing Pvt. Ltd. (Respondent) was a newspaper establishment governed by Working Journalist and Other ...
Employer who got Sufficient Opportunity To Defend Claim Before Assistant Labour Officer Cannot Approach High Court Claiming Prejudice: Kerala High Court
The Kerala High Court single bench of Justice Murali Purushothaman held that the employer was provided sufficient opportunity to defend the claim before theccannot approach the High Court alleging that she was not given sufficient opportunity to defend the claim. Brief Facts: The Inspector initiated Minimum Wages proceedings against the Petitioner, alleging that she paid less than the minimum rate of wages to seven employees in her hotel establishment between 1.5.2009 to 30.10.2009....
Dismissal From Service Is Disproportionate For Misconduct Of Overwriting Reasons Of Absence On Gatepass: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Danfoss Systems Ltd vs Johnson Gomes has held that dismissal of service of a workman was disproportionate for an offence of overwriting the reason of absence on the Gatepass. Background Facts Johnson Gomes (Workman) was working in the factory of Danfoss Systems Ltd (Employer). There was an allegation of forging the Gatepass and missing the work against...
When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Background Facts Ashok Kumar (Workman) was appointed as a daily wage worker in the laundry department of AIIMS 1989. In 1995, the...
Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
The Madhya Pradesh High Court (“High Court”) single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. It held that the Assistant Labour Commissioner is not competent to decide the complaint filed by the Inspector under the Minimum Wages Act. The High Court noted that Section 20(1) of the Minimum Wages Act...
Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court
The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on the deceased, G. Nagendra who worked as a driver. Nagendra earned a monthly salary of Rs. 3,500 along with a...
Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. Brief Facts: Smt. Priyanshi Garg, a contractual employee, has filed a writ petition under Article 226 of the Constitution of India challenging an order dated...