Labour & Service
Jharkhand HC Upholds Labour Court's Power To Modify Punishment Even After Fair Enquiry, Grants Full Back Wages To Deceased Workman's Heirs
The Jharkhand High Court has held that even where a domestic enquiry is found to be fair and proper, the Labour Court/Industrial Tribunal is not barred from examining whether the punishment imposed is disproportionate, and may mould the relief under Section 11A of the Industrial Disputes Act, 1947.A Single Judge Bench of Justice Deepak Roshan was hearing a writ petition filed by the...
'Never Bothered About Fate Of School Children': Orissa High Court Upholds Removal Of Teacher For 7 Yrs Unauthorized Absence
The Orissa High Court has recently upheld a single bench order which had confirmed the disengagement/removal order passed against a female school teacher, on the ground of her unauthorised absence from duty for more than 7 years.While expressing disinclination to interfere with the impugned order, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash emphasised...
Accepting Alternative Cadre Promotion Without Protest; Can't Challenge Juniors' Elevation In Parent Cadre : J&K HC
A Division Bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that an employee who accepts promotion to a different cadre without challenging the promotions of his juniors in a parallel cadre, when the employer had relaxed the qualifications for others based on seniority, cannot subsequently seek retrospective parity...
Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...
Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic
The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...
Revisit Coast Guard Rules On Different Retirement Ages : Supreme Court To Centre
The Supreme Court today asked the Union Government to form an expert panel to revisit the service rules of the Indian Coast Guard which prescribe different retirement ages for different ranks.The Court also stayed the Delhi High Court order which struck down rules mandating that Indian Coast Guard Officers of the rank of Commandant and below would retire at 57, whereas officers above the rank...
Dying Declaration Lacking Medical Certification Unsafe For Conviction: Rajasthan High Court Acquits Man Booked For Setting Wife Ablaze
The Rajasthan High Court has acquitted a man convicted for his wife's murder by setting her on fire, in light of the fact that there was no medical endorsement on the dying declaration certifying that the deceased was conscious, oriented and in a mentally fit state to make a statement. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma further observed that...
Labour Courts Continue To Have Jurisdiction Till Tribunals Are Formed Under Industrial Relations Code 2020: Karnataka High Court
The Karnataka High Court has held that the Labour Courts, Tribunals and other statutory authorities functioning under the Industrial Disputes Act, 1947, will continue to exercise jurisdiction till the Tribunals are constituted and become functional under the Industrial Relations Code, 2020. The Court observed that in view of the amendment to Section 104 of the Code on 16.02.2026, the repeal...
Punitive Termination Cannot Be Passed Without Hearing; Misconduct-Based Discharge Violates Natural Justice: Karnataka High Court
The Karnataka High Court has held that termination of a punitive or stigmatic nature cannot be made without providing an effective opportunity of hearing or conducting a departmental inquiry. The Court observed that once an employee has entered service, even an order styled as termination cannot be sustained if it is founded on allegations of misconduct and passed without adherence to...
Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener
The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...
Rajasthan High Court Stays Order Treating Employee's 5-Year Absence As Voluntary Resignation
The Rajasthan High Court has stayed an order of the State government treating an employee's prolonged absenteeism as voluntary resignation, opining that the matter warranted interim protection in light of medical hardships faced by the employee. Justice Sameer Jain was hearing a petition challenging the order of the State that treated petitioner's willful absenteeism for approximately 5 years,...