MNREGA Workers are Not Employees Under Employees' Compensation Act: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a petition, holding that in cases involving the death of worker employed under the Mahatma Gandhi National Rural Employment Guarantee Act (“MNREGA”), 2005, compensation cannot be claimed under Employees' Compensation Act. The court determined that such workers do not fall under the definition of “employee” under Section 2(dd) of the...

Insurance Company Not Liable To Indemnify Gratuitous Passenger In Goods Vehicle: Himachal Pradesh High Court

Himachal Pradesh High court held than an insurance company is not liable to provide compensation for injuries sustained by a gratuitous passenger/ porter in a goods vehicle under Section 147 of the Motor Vehicles Act, 1988.Justice Satyen Vaidya held: The term “any person” used in Section 147 of the Motor Vehicles Act, relates only to a third party and a passenger in goods carriage vehicle...

Himachal Pradesh High Court Rejects Plea For Extra UPSC Attempt Due To COVID-19 Impact

The Himachal Pradesh High Court dismissed a writ petition seeking an additional attempt in the UPSC Civil Services Examination on the grounds that the petitioner's final attempt was adversely affected by the COVID-19 pandemic.Justice Ajay Mohan Goel held: “it is no excuse that because he could not prepare efficiently on account of COVID-19 pandemic, he deserves one more chance.”...

Person Having Disability Of More Than 40% Can't Be Transferred To Tribal/Hard Areas: Himachal Pradesh High Court

Himachal Pradesh High Court stayed the transfer order of a visually impaired government employee to a hard area who has disability of more than 40%. ("hard/tribal areas" refer to regions that are geographically remote, have challenging terrains and have limited access to resources). Justice Sandeep Sharma held: Himachal Pradesh government's transfer policy for employees with 40% or...

Re-Entry Of Tenant After Construction, Is Conditional And Depends On Mutual Agreement Between Parties: Himachal Pradesh High Court

Himachal Pradesh High Court decided a 10-year-long tenancy dispute, holding that re-entry of a tenant into the premises after being evicted by the landlord for construction purposes, is conditional and depends on mutual agreement between the parties.Justice Vivek Singh Thakur held : Section 14(3)(c) of the Act allows a landlord to seek eviction of a tenant from the premises, if he proves...

Section 31 Of Domestic Violence Act Only Applies To Breach Of Protection Orders, Not Others Such As Maintenance Or Residence Orders: Himachal Pradesh High Court

The Himachal Pradesh High Court (“High Court”) bench of Justice Rakesh Kainthla, held that Section 31 of the Domestic Violence Act only deals with penalty for breach of protection orders (to protect women from acts of violence) and not with other orders such as maintenance (to provide financial support), compensation (for compensation of injuries) or residence (for providing...

Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

Encroacher Cannot File Prohibitory Injunction Against True Owner Of Land: Himachal Pradesh High Court

The Himachal Pradesh High Court (“High Court”) bench of Justice Rakesh Kainthla dismissed a review petition on the ground that the encroacher of the state land cannot file a prohibitory injunction against the true owner of the land.Background Facts: The review petition has been filed by the petitioner seeking review of judgement titled Subhash Chander Mahendra (deceased through...

Himachal Pradesh HC Flags Moral & Professional Decline In Police Force, Suggests Reforms Like 8-Hour Shifts, Psychiatric Counseling

Expressing concern over the “moral and professional deterioration” within sections of the police force, the Himachal Pradesh High Court on Monday suggested a slew of measures aimed at reforming and modernising the state police. The suggestions include 8-hour shifts, welfare corpus, housing scheme, career promotions, liberal leave policy, recreational facilities (gym, pool), access...

Candidate Can't Challenge A Post As Illegal & Claim Entitlement To Appointment On Same Post : Himachal Pradesh HC

The Himachal Pradesh High Court bench comprising of Justice Satyen Vaidya held that a candidate cannot claim appointment to a supernumerary post, especially when such post itself is challenged by the candidate as illegal. Background Facts Petitioner applied for the post of Associate Professor in the department of Environmental Sciences. The respondent University had...

Delay Beyond Prescribed Period U/S 34(3) Of Arbitration Act Cannot Be Condoned In View Of Inapplicability Of S.5 Of Limitation Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that Section 5 of the Limitation Act, 1963 (Limitation Act) does not apply to a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, if the petition is not filed within the prescribed period as laid down under Section 34(3) of the Arbitration Act,...

Daily Wage Workers With 8+ Years Service Eligible For Pension Even If Total Service Falls Short Of 10 Years: HP HC

Himachal Pradesh High Court: A single judge bench of Justice Satyen Vaidya granted pension benefits to a daily wage worker despite initial calculations showing less than the required qualifying service period. The court ruled that daily wage service, when followed by regularization, must be counted towards pension eligibility. The bench further held that workers having 8+ but less than...