Labour & Service
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...
'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...