Labour & Service
'UGC Plays No Role In Appointing Non-Teaching Staff': High Court Quashes Termination Of Librarian By Gujarat Vidhyapith After 18 Years
The Gujarat High Court dismissed an appeal by Gujarat Vidhyapith challenging a Single Judge's order which had set aside the termination of a long-serving Assistant Librarian and directed payment of back wages and retiral benefits.A Division Bench of Justice Bhargav D. Karia and Justice L.S. Pirzada was hearing a Letters Patent Appeal arising from an order passed in a writ petition filed by...
Disqualification For Public Employment Is Removed When Offender Is Released On Probation: Delhi HC
A Division Bench of the Delhi High Court comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that release on probation under Section 12 of the Probation of Offenders Act removes the disqualification attached to a conviction for purposes of public employment, even though the conviction itself is not wiped out. Background Facts The respondent was convicted...
Law Without Remedy: Unpaid Salaries In India's Online Work Economy
Salary theft in India's IT and online operational sector is no longer an exception. It has become a business model quiet, procedural, and legally sanitised.In India's fast-growing IT and online services ecosystem, non-payment of salary has become a disturbingly common experience. Employees are not just terminated; they are financially strangled. Performance bonuses are withheld without explanation, salaries for the last three to six months are stopped, and the employee is pushed into silence...
BDS Degree Not Equivalent To 'Degree In Medicine' For Food Safety Officer Post: Rajasthan High Court
The Rajasthan High Court has rejected a petition filed by an aspirant for the post of Food Safety Officer, opining that the issue regarding equivalence of a bachelor's degree in Dental Surgery (BDS) to a degree in Medicine was already answered in negative by an expert committee, and hence, there was no scope of interference by the Court in the same. The bench of Justice Anand Sharma further...
Chronic Osteoarthritis Is 'Severe Illness' Under Railway Rules; Penal Rent For Retention Of Govt Accommodation Not Sustainable: Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that chronic degenerative diseases like osteoarthritis qualify as “severe illness” under Railway Board circulars, entitling an employee to regularization of retained government accommodation and it exempts from penal or special licence fee. Background Facts The respondent...
Financial Constraints Of State Road Transport Corporation No Defence To Deny Lawful Dues Of Workman: Rajasthan High Court
While hearing the petition moved by a retired employee of the Rajasthan State Road Transport Corporation aggrieved due to non-payment of dues against weekly rest for almost 13 years, Rajasthan High Court observed that any rightful claim of workman could not be denied on the ground that RSRTC did not have sufficient funds.The bench of Justice Ashok Kumar Jain held that RSRTC might be...
'Promotion Under Seniority-Cum-Merit Must Be Based On Seniority In Cadre, Not Date Of Initial Appointment': Bombay High Court
The Bombay High Court has held that where promotions are governed by the principle of “seniority-cum-merit”, seniority must be reckoned in the feeder cadre and not based on the date of initial appointment to service. The Court observed that once an employee satisfies the minimum eligibility and merit requirements prescribed for the promotional post, seniority in the immediate lower...
Rajasthan High Court Orders Full Back Wages For Employee Who Was Wrongfully Compulsorily Retired, Slams 'No Work, No Pay' Argument
The Rajasthan High Court directed the State to pay salary and wages to the petitioner for the period of his compulsory retirement following the decision of the appellate authority that set aside the order of compulsory retirement after finding that the petitioner's past service records were not so poor to warrant such action. The bench of Justice Praveer Bhatnagar made reference to a...
Public Servant Can't Exit Service By Resignation To Frustrate Disciplinary Inquiry: Rajasthan High Court Upholds Dismissal
The Rajasthan High Court has dismissed a petition filed by an RAS officer challenging rejection of his resignation by the State as well as an order imposing penalty of removal from service, opining that considering the conduct of the petitioner, the State's actions did not suffer from any legal infirmity. The bench of Justice Anand Sharma held that no vested or automatic right was created...
Admission In Employer's Written Statement Sufficient To Prove Employment Relationship Under Workmen's Compensation Act: Gujarat High Court
The Gujarat High Court quashed an order rejecting a compensation claim by the kin of a deceased worker holding that a clear admission made by the employer in a written statement filed before the authority is sufficient to establish existence of an employer–employee relationship under the Workmen's Compensation Act. In doing so the court observed that strict proof as per Indian Evidence Act...
Writ Not Maintainable For Enforcement Of Private Service Contract Against Unaided School: J&K&L High Court
The Jammu & Kashmir High Court held that a writ petition under Article 226 of the Constitution is not maintainable for enforcement of service-related rights arising out of a private contract between a teacher and a private unaided school.A bench of Justice Sanjay Dhar reiterated that though private educational institutions may, in certain circumstances, be amenable to writ...