Labour & Service
Supreme Court Rejects TN Cadre IPS Officer's Claim For Rajasthan Cadre Vacancy Of 2004
The Supreme Court recently rejected a 2004 batch Tamil Nadu Cadre IPS officer's plea seeking appointment against an insider vacancy for the same year in the Rajasthan Cadre after two senior candidates declined to join.A bench of Justice Rajesh Bindal and Justice Atul S. Chandurkar noted that appellant Rupesh Kumar Meena raised the claim six years later in 2010, and observed that interfering after more than 20 years since the vacancy year would render the cadre allocation process fluid...
State Govt Employees Can't Claim Dearness Allowance Twice A Year Unless Rules Permit : Supreme Court
While deciding the State of West Bengal's challenge to directions on payment of Dearness Allowance under the West Bengal Services (Revision of Pay and Allowances) Rules, 2009, the Supreme Court held that state government employees are not entitled, as a matter of right, to payment of DA twice a year.A bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra held –“This is for the reason that the RoPA Rules which we have extracted supra nowhere provide that DA will be or can be paid...
'Scurrilous Remarks Against Constitutional Functionary': Orissa High Court Criticizes DSP For Casting Aspersions On Advocate General
In an unusual development, the Orissa High Court has criticized an officer in the cadre of Deputy Superintendent of Police (DSP) for casting aspersions on the professional ethics of the Advocate General for the State. The Bench of Justice Biraja Prasanna Satapathy went a step ahead in restraining media from reporting the contents of the affidavit through which the DSP had made...
Advocate Forced To Litigate For Fees, Paid After 15-Year Delay By State
A woman advocate practicing for almost 32 years at the Rajasthan High Court, received her professional fees for acting as advocate for the National Rural Health Mission (“NRHM”) in 84 petitions, only after 15 years, upon filing a legal case against the State. The petitioner was engaged by NRHM in 2010 as its advocate for appearing in a bunch of 84 petitions which were decided by the Court...
Jharkhand High Court Refuses To Interfere In 25-Year-Old Lecturer Appointments, Cites Long-Standing Service and Equities
The Jharkhand High Court has declined to interfere with the appointments of three lecturers made more than two decades ago, holding that it would be unjust to unsettle appointments that have remained in place for nearly 25 years, particularly when one possible and plausible view had already been acted upon by the competent authorities.A Single Judge Bench of Justice Sanjay Kumar Dwivedi...
Dual Claims Under MV Act and Workman's Compensation Act Impermissible: Rajasthan High Court Orders Refund To Insurer
The Rajasthan High Court has asserted that claimants cannot be allowed to claim compensation both under the Motor Vehicles Act, 1988 (“MV Act”) and the Workmen's Compensation Act, 1923 (“WC Act”), for the same accident, and opined that once the compensation was received under one Act, filing subsequent claim under another Act was abuse of the process of law.The bench of Justice...
Past Minor Penalties Can't Trump Consistent 'Outstanding' Service Record: Rajasthan High Court Quashes Compulsory Retirement
The Rajasthan High Court has set aside the order of compulsory retirement of a police inspector based on “ineffectiveness”, opining it to be arbitrary and based on selective reliance on minor penalties while ignoring his consistent outstanding service record that reflected “good” and “very good” performance.The bench of Justice Farjand Ali held that the State failed to follow...
'No Mother Would Hurt Her Child': Orissa High Court Orders 75% Back Wages To Woman Dismissed For Allegedly Throwing Her Baby Into Canal
The Orissa High Court has upheld an order of the Central Administrative Tribunal (CAT) reinstating a female government employee who was dismissed from service for allegedly throwing her baby into a canal causing her death. The Court further modified the Tribunal's order asking the employer to pay 75% of the back wages upon her reinstatement. In the absence of any evidence implicating...
Can Employer Claim Income Tax Deduction On Delayed PF-ESI Deposits? Supreme Court To Settle Conflicting Decisions
The Supreme Court agreed to examine the contentious issue under the tax law of whether an employer is entitled to claim income tax deductions for employees' Provident Fund (PF) and Employees' State Insurance (ESI) contributions that are deposited after the prescribed due date. A bench of Justices JB Pardiwala and Sandeep Mehta issued notice in an appeal filed against the Delhi High...
Industrial Court Proper Forum To Decide Issues Regarding Contract Labour : Supreme Court
The Supreme Court observed that the Industrial Court established under the Industrial Disputes Act, 1947 is the proper forum for adjudication of the dispute concerning the employment and termination of employment of the contract labour. “…the proper forum is the Industrial Court/Court for adjudicating issues concerning the employment and termination of employment of contract...