Labour & Service
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...
Continuity Of Service For Pension Benefits Preserved When Technical Resignation Is Followed By Immediate Rejoining Without Break: Orissa HC
A Division Bench of the Orissa High Court comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra held that continuity of service for pension benefits is preserved under CCS (Pension) Rules when an employee submits a technical resignation and immediately rejoins the same post under the same employer without interruption. Background Facts The employee was appointed as...
Ex-Contract Workers Must Get Preference When Principal Employer Replaces Contract Labourers With Regular Workmen : Supreme Court
The Supreme Court held that when an employer intends to employ regular workers in place of contract labour, then the employer must give first preference to the erstwhile contract workers. A bench of Justices Pankaj Mithal and SVN Bhatti outlined the modes and methods of re-employment if discontinuation of the labour contract is valid: "a. If the principal employer intends to employ...
Prior Written Demand Not Necessary For 'Industrial Dispute' To Exist; Apprehended Dispute Can Be Referred : Supreme Court
The Supreme Court on Tuesday (January 27) observed that a trade union is not obliged to serve a formal “charter of demands” on the management before approaching the Conciliation Officer under the Industrial Disputes Act, 1947. The Court observed that the Industrial Disputes Act is both preventive and remedial in character, and therefore a trade union or a worker is entitled to invoke...
'Executive Officer' Deciding Mutation Proceedings Is A 'Judge' For Purposes Of Judges (Protection) Act, 1985: Patna High Court
The Patna High Court has held that an Executive Officer in the Patna Municipal Corporation would be covered under the ambit of the Judges (Protection) Act, 1985, while deciding mutation proceedings. The Court clarified that any person who is legally empowered, in the course of legal proceedings, to render a definitive and determinative judgment would be regarded as a 'Judge' for the purposes...
Double Jeopardy Bars Enhanced Departmental Penalty After Conviction In Criminal Appeal: Delhi High Court
A Division Bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that once a disciplinary authority has imposed a penalty based on a conviction, it cannot reopen the same incident to impose a harsher punishment merely because the criminal appeal results in a reduced sentence, as this violates the principle against double jeopardy. Background...
WB DGP Appointment | CAT Directs State Govt To Resubmit Proposal; Orders UPSC To Convene Empanelment Meeting By Jan 28
The Central Administrative Tribunal (CAT), Principal Bench, has directed the Union Public Service Commission (UPSC) to immediately constitute an Empanelment Committee for the appointment of the West Bengal Director General of Police (DGP).It may be noted that West Bengal has not had a full-time DGP since December 2023. Acting DGP Rajeev Kumar is due to retire on 31 January. It also directed...
Unproved Witness Statement To Police Can't Be Used In Disciplinary Proceedings: Rajasthan High Court Quashes Govt Officer's Pension Forfeiture
The Rajasthan High Court has set aside the disciplinary action against a government officer stopping his 100% pension for life, which was solely based on statements of a person given to the police under Section 161 CrPC who was neither examined during the departmental enquiry nor before court. The bench of Justice Ashok Kumar Jain observed that a statement given under Section 161 CrPC, held...
Release On Probation In Criminal Case No Ground To Reduce Punishment In Departmental Proceedings : Supreme Court
Observing that release on probation does not wipe out the stigma of conviction, the Supreme Court set aside the Madras High Court's decision that reduced a workman's punishment merely because he was granted the benefit of probation in criminal proceedings. “…the High Court has fell into error by observing that the conviction of the workman herein shall not be a disqualification and...
Families Of Disabled Combat Personnel Deserve Liberal Approach In Compassionate Appointment Claims: Orissa High Court
“People sleep peaceably in their beds at night only because rough men stand ready to suffer violence on their behalf,” the Orissa High Court quoted George Orwell as it upheld the direction of a Single Bench, which ordered compassionate appointment as Head Constable in favour of the wife of a former Central Reserve Police Force (CRPF) jawan who sustained grave injuries and disability in a...