Waitlisted Candidates' Right Extinguish When All Selected Candidates Join Posts : Supreme Court

Observing that the waitlist of candidates cannot operate indefinitely and ceases once all the posts are filled up via recruitment process, the Supreme Court on Wednesday (October 15) set aside the Calcutta High Court's ruling which directed notional absorption of the waitlisted candidate years after the initial recruitment resulted in filling up of all the posts. Allowing the Union...

Dismissing Employee For A Charge Not Mentioned In Show-Cause Notice Improper : Supreme Court

The Supreme Court recently set aside the suspension of school teachers in Jharkhand, after finding that they were declared ineligible based on a different charge, which was never labelled against them in the show cause notice. The candidates were held ineligible based on an erroneous marks calculation method, which was never part of the original show cause notice, and denying them...

Gratuity Can't Be Withheld To Recover Loan Default Even If Retired Employee Was Guarantor : Orissa HC

A Division bench of the Orrissa High Court comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman held that gratuity cannot be withheld or forfeited to recover a loan default, even if the retired employee stood as a guarantor, unless termination occurred for misconduct provided under Section 4(6) of the Payment of Gratuity Act, 1972. Background Facts The...

Salary Can't Be Re-Fixed After Superannuation, Hence Recovery Of Excess Payment From Retired Employee Impermissible: P&H HC

A Division bench of the Punjab and Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that the refixation of salary after an employee's superannuation, leading to recovery of excess payments made without any misrepresentation or fraud by the employee, is impermissible in law. Background Facts The petitioner was a government employee. He...

Dismissal For Threatening Manager Not Disproportionate When Employee Has Record Of Similar Misconduct: Madras HC

A Division bench of the Madras High Court comprising Justice C. V. Karthikeyan and Justice R. Vijayakumar held that dismissal for abusive and threatening conduct against a superior is not disproportionate when the employee has a history of similar past misconduct. Background Facts The Tamil Nadu State Transport Corporation employed a Conductor. He was working in...

Karnataka High Court Orders Jet Airways To Pay ₹13 Lakh In Back Wages To Dismissed Employee Despite Liquidation

The Karnataka High Court recently directed liquidation bound Jet Airways to pay back wages of ₹13,00,000, along with accrued interest, to a former employee who was dismissed from its services.A division bench of the High Court dismissed Jet Airways' plea challenging a 2017 Industrial Tribunal order on the grounds that the workman's right to the back wages had "crystallized on the date of...

'Receiver Appointed For Sale Of Assets Cannot Be Treated As Employer To Run Partnership Firm': Bombay High Court

The Bombay High Court has held that a Court Receiver appointed to sell the assets of a dissolved partnership firm cannot be treated as an “employer” under Section 25-O of the Industrial Disputes Act, 1947, for the purpose of running the business or making applications for closure. The Court observed that once the Receiver is appointed to sell assets, the business of the firm stands...

'Inability To Create Permanent Posts No Grounds To Employ Temporary Workers For Unreasonably Long Period': Bombay High Court

The Bombay High Court has held that the inability to create permanent posts or financial limitations cannot justify employing workers who perform permanent and essential duties on a temporary basis for years together. The Court observed that continuing such workers on short-term or contractual appointments amounts to unfair labour practice and violates the constitutional principles of...

If Disability Is Acquired During Service, Employee Must Be Shifted To Suitable Post Instead Of Termination: Allahabad High Court

The Allahabad High Court has held that where disability is acquired during the course of the service, instead of dispensing the services of the employee, he/she must be shifted to a suitable post.Referring to Section 20 [Non-discrimination in employment] of the Rights of Persons with Disabilities Act, 2016 Justice Abdul Moin held that “From perusal of the provisions of the Act, 2016 it...

Filing False Case Of Assault Against Senior Manager By Employee Amounts To Misconduct: Karnataka High Court

The Karnataka High Court has confirmed an order passed by the labour court dismissing an employee of a private company on the grounds of misconduct after it was proved that he lodged a false complaint of assault against the senior manager of the company.Justice Ananth Ramanath Hegde dismissed the petition filed by G Mahesh and said, “In the peculiar facts and circumstances of this case,...

Non-Use Of Mandatory Portal Can't Be Ground To Reject Appointment When Portal Was Non-Functional: Bombay HC

A Division bench of the Bombay High Court comprising Justice M. S. Karnik and Justice Sharmila U. Deshmukh held that rejection of a teacher's appointment approval was unsustainable because the mandatory 'Pavitra Portal' was non-functional at the time of recruitment, and the Education Officer failed to respond to the school's prior communications. Background Facts A vacancy...

'Double Jeopardy': Rajasthan High Court Quashes Second Chargesheet Against Retd Govt Employee On Same Facts Despite Closure Of Earlier Case

Rajasthan High Court set aside a charge sheet issued against a retired employee for same charges in relation to which disciplinary proceedings were already dropped against him in 1991, followed by his acquittal from the Court of Special Judge, Prevention of Corruption Act, 1988 (“the Act”) in 2000.The bench of Justice Anoop Kumar Dhand held that in absence of any specific power to...