Labour & Service
'Check Period' After Minor Punishment Illegal; Employee Entitled To Promotion Consideration : Madras HC
A Division bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R. Vijayakumar held that the penalty cannot justify withholding promotion after punishment ends. Further the 'check period' concept is illegal after imposition of the punishment. Background Facts The employee was working in the School Education Department. He had been issued a charge memo,...
Bombay High Court Dismisses Retired Zilla Parishad Doctors' Plea For NPA From 2016, Calls It Impermissible Judicial Interference In Policy
The Bombay High Court has held that fixation of an operative date for extending a fiscal or service-benefit, such as Non-Practising Allowance (NPA), is a matter of executive policy and that classification based on the date of retirement does not per se violate Article 14 of the Constitution. The Court observed that the reliefs sought would require the Court to rewrite the Government Resolution...
Long-Standing Discretionary Benefits Can Crystallise Into Service Conditions; Employer Cannot Withdraw Without Notice: Bombay High Court
The Bombay High Court has held that when a discretionary concession is granted repeatedly over decades through formal administrative approvals and published circulars, it may crystallise into a customary concession or service condition, and the employer cannot withdraw it without complying with Section 9-A of the Industrial Disputes Act, 1947. The Court observed that prospective discontinuance...
Moving From Chowkidar To MPA/FGM Passing Trade Test Is Promotion, Not Entitled For Second ACP: Calcutta HC
A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that movement from the post of Chowkidar/ General Mazdoor to Motor Pump Attendant (MPA)/Fitter General Mechanic (FGM) after clearing a trade test amounts to promotion and not reclassification, hence employees who have already been promoted are not entitled to benefits...
Designed To Exclude: Legal Architecture Of Informality In India
India's labour market is often characterised as 'informal', with over 93% of workers located outside the organised sector in what is known as the 'informal economy'. Notably though, the divide between formal and informal workers emerges as a product of legal architecture rather than a category based on the degree of vulnerability of the workers or their nature of work. Formal or 'organized sector' labour, legally, refers to work performed in registered establishments, where workers draw regular...
Recruiting Authority Can Prescribe Minimum Marks After Test , If Provided In Advertisement : Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that recruitment authorities can prescribe minimum qualifying marks after the recruitment process begins but before the relevant stage of examination, if such discretion is reserved in the advertisement. Background Facts The petitioners were applicants for the post...
Senior Entitled To Stepping Up Of Pay If Junior In Same Cadre & Pay Scale Draws Higher Salary: Calcutta HC
A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that a senior government employee is entitled to stepping up of pay at par with a junior if both are in the same cadre, same post, and same pay scale, and the junior is drawing higher pay, and earlier higher pay in an ex-cadre post cannot justify permanent...
Employee Can't Be Denied Promotion Due To Employer's Failure To Timely Communicate Annual Performance Reports: Gujarat High Court
The Gujarat High Court has held that denial of promotion by Indian Railway Catering and Tourism Corporation Ltd based on Annual Performance Appraisal Reports (APARs) communicated belatedly violates principles of natural justice, and directed reconsideration of an employee's promotion without applying the benchmark requirement.Justice Maulik J. Shelat was hearing a writ petition filed by...
Commission-Based Workers At Civil Hospital Not Govt Servants; No Right To Regularisation: Gujarat High Court
Holding that handicapped staff at Ahmedabad's Civil Hospital issuing case papers were only working on a contractual basis, earning a commission and were never appointed through a regular recruitment process, the Gujarat High Court refused to grant them status as government servants or direct regularisation of service.The court further said that since none of the petitioners were...
Regularisation Can't Be Denied To Casual Workers If Other Similarly Situated Daily Wagers Were Regularised : Supreme Court
Applying the principle of parity, the Supreme Court has regularized the services of four sweepers, noting that similarly situated employees cannot be treated differently once regularisation has been granted to others who are similarly situated.A Bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar set aside the Madhya Pradesh High Court's order, holding that it had erred in...
No Provision For Deducting GST, Incentive Or Festival Advance From Employee's Retiral Dues: Allahabad High Court
The Allahabad High Court has observed that there is no provision for deducting "Prostsahan Agrim" (incentive advance), "Tyohar Agrim" (festival advance) and GST from the retiral dues of an employee of the U.P. State Employees Welfare Corporation.Expressing shock that such deductions were being made from the retiral dues of an employee, Justice Rohit Ranjan Agarwal observed,“This Court...
