Labour & Service
Central Govt Employees Governed By CCS Rules Excluded From Payment Of Gratuity Act : Supreme Court
The Supreme Court on Wednesday (February 11) held that the retired employees of the Heavy Water Plant (HWP), Tuticorin, functioning under the Department of Atomic Energy (DAE), are not entitled to gratuity under the Payment of Gratuity Act, 1972 (PG Act), as they are Central Government servants governed by the Central Civil Service (Pension) Rules, 1972. A Bench comprising Justices Pankaj...
Daily-Wage Workers Can't Afford Unpaid Weekly Offs: Rajasthan HC Rejects 26-Day Wage Formula, Seeks Correction Of Govt Order
While underscoring the ground realities of working conditions for daily-wage workers, Rajasthan High Court held that not every daily wage worker received paid-rest day every week. Hence, they cannot afford such unpaid rest day. Therefore, calculation of a daily wage worker's monthly wage should not happen based on 26 days, rather than 30 days. The bench of Justice Anoop Kumar Dhand observed...
ID Act | Workmen Need Not File Separate Application If Prior Grievances Raised With Employer Were Marked To Conciliation Officer: Jharkhand HC
The Jharkhand High Court has held that a formal application under Section 2A(2) of the Industrial Disputes Act, 1947 is not mandatory, if the workmen have marked copies of their representations and grievances addressed to the employer to the Conciliation Officer, thereby bringing the dispute to the notice of the labour authorities.A Single Judge Bench of Deepak Roshan was hearing writ...
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...
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...
'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...
