Punjab and Haryana High Court
Discretionary Jurisdiction Of Court cant Be Used To Extend Employee's Service Beyond The Period Entitled : Punjab And Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice G.S. Sandhawalia, Acting Chief Justice and Hon'ble Ms. Justice Lapita Banerji, while deciding Letters Patent Appeal in the case of Jai Bhagwan vs State of Haryana & others, held that the discretionary jurisdiction of the courts cannot be employed to prolong an employee's tenure beyond...
Findings Of Inquiry Officer Are Not Binding On Punishing Authorities: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that the punishing authority may or may not agree with the findings recorded by the Inquiry Officer. Further, it held that while deciding a case where the disciplinary enquiry is conducted for the alleged misconduct against the public servant, the Court has to determine: (a) Whether the enquiry was held by...
Riparian Land Owners Entitled To Alluvion Deposits When Rivers Change Their Course: Punjab & Haryana High Court
The Punjab & Haryana High Court has declared a notification deleting clause of the Punjab Village Common Lands (Regulation) Act, 1961 as "unconstitutional" observing that riparian land owners will be entitled to alluvion depositsThe Court said that deleting Section 2(g)(i) of the Punjab Village Common Lands (Regulation) Act, 196 is liable to be declared to be ultra vires Article 31-A of...
Punjab & Haryana High Court Seeks Response From State, Bar Council In Plea For Extending Maternity Benefit To Female Lawyers
The Punjab & Haryana High Court has sought a response from both the States and UT Chandigarh and Bar Council of Punjab & Haryana on a PIL filed seeking directions on the authorities to pass a resolution and ensure that the benefits conferred by the Maternity Benefit Act, 1961 is extended to female advocates engaged in litigation.A division bench of Acting Chief Justice G.S....
Punjabi Language Exam Can't Test Individual's "Punjabiath": High Court Sets Aside Syllabus Prescribing State's Culture, History In ETT Syllabus
Observing that the state "failed to consider the difference between Punjab and Punjabi language", the Punjab and Haryana High Court has set aside the syllabus of Punjabi language for Elementary Trained Teacher (ETT) recruitment exam.The Court noted that the examination of Punjabi language has been incorporated by the respondents in a manner to mean understanding all the Punjabi culture,...
Writ Of Certiorari Can't Be Used To Dispute Industrial Tribunal's Factual Findings: Punjab & Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth upheld the Tribunal's decision, emphasizing the limited scope of appellate jurisdiction under Article 226, focused on rectifying legal errors rather than factual disputes, and highlighted the importance of maintaining the integrity of lower courts and tribunals. The writ was filed by the Management after it...
In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused about their intention so that later they cannot...
Workman Can't Claim Promotion When His Services Are Not Regularized, Punjab And Haryana High Court Dismisses Writ Petition
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that a workman cannot claim promotion at a date when his services were not regularized. The bench dismissed a writ petition filed by a workman who was allegedly not promoted by the Management despite being in a higher position in the seniority list. The suit for declaration was also filed 10 years later from...
Imposing Multiple Punishments Cumulatively On Workman For One Single Act Violates Principle Of Double Jeopardy: Punjab And Haryana High Court
The Punjab and Haryana High Court (“High Court”) single bench of Justice Sanjay Vashisth held that imposition of two punishments cumulatively for one single act of the Workman violates the principle of double jeopardy. The High Court noted that the Labour Court imposed two penalties on the Workman, depriving him of one increment and back wages simultaneously. The High Court...
Nuh Demolition | High Court Seeks Haryana Govt's Response In Plea Seeking Compensation, Intervention Applications In Suo Moto Matter
The Punjab & Haryana High Court today sought a response from the Haryana Government on writ petitions seeking compensation and 8 intervention applications filed in the Suo Moto case taken after a demolition drive was carried out by the Haryana Government in Nuh district.A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing the suo moto case...
'Bitterness Can't Be Genesis For Case': P&H HC Imposes ₹50k Cost On Wife Who Failed To Give Statement In Cruelty Case After Settlement, Quashes FIR Against Husband
The Punjab & Haryana High Court has imposed a cost of Rs.50 thousand on a woman who failed to turn up before the Magistrate to record her statement about the settlement of the matrimonial dispute after taking maintenance from her husband.While setting aside the FIR lodged against the husband for cruelty and allegations of harassment on account of dowry and Istridhan, the Court...
Failure Of Management To Prove Credibility Of Resignation Letter, Termination Of Illiterate Worklady Declared Invalid: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth declared the termination of an illiterate work lady violative of Section 25-F of the Industrial Disputes Act, based on the Management's failure to verify the handwriting on the resignation letter. Since the management failed to present any witnesses to support the authenticity of the resignation...