Labour & Service
State Can Order Reassessment Of Disability Certificates Of Employees Appointed Under PwD Quota To Prevent Fraudulent Claims: Rajasthan HC
The Rajasthan High Court rejects a bunch of petitions, challenging the State's order of compulsory reassessment of benchmark disabilities of persons who, during the last 5 years or more, were employed under the PwD category, opining that it was the State's duty to ensure that reservation policies were implemented in a legal and transparent manner, ensuring equality and fairness. “A humane...
Minor Below Minimum Age Prescribed For Applying At Time Of Employee's Death Can't Seek Compassionate Appointment: Rajasthan High Court
The Rajasthan High Court has held that even though compassionate appointments are made to mitigate the hardship suffered by the family of the deceased employee, the Government could not be compelled to wait indefinitely until the child of the deceased, who was minor at the time of death, attains majority for submitting the application for employment. The bench of Justice Kuldeep Mathur...
Non-Disclosure Of Minor Criminal Cases Leading To Acquittal Should Not Automatically Lead To Termination: Sikkim High Court
The High Court of Sikkim has set aside the termination of a constable employed in the Sashastra Seema Bal (SSB), holding that suppression of minor criminal cases which ultimately resulted in acquittal should not automatically lead to termination from service. The Court emphasized that authorities must evaluate the nature of the offence, the nature of the post, and the socio-economic background...
Right To Be Considered For Promotion Is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
The Himachal Pradesh High Court held that an employee's right to be considered for promotion is a legitimate expectation which can't be taken away merely because another employee is transferred to the post on the grounds of marriage. The Court further clarified that administrative transfers should not be used in a manner that defeats an employee's legitimate expectation of career...
Documents Collected During Investigation Are Not Evidence In Departmental Inquiry Unless Proved By Competent Witness: Bombay High Court
The Bombay High Court has held that findings in a departmental inquiry cannot be based merely on documents collected during an investigation unless their contents are proved through competent witnesses who can speak to their authenticity. The Court observed that the Enquiry Officer has duty to arrive at a finding upon taking into consideration the materials brought on record by the parties....
Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the termination of a Junior appointed by the Himachal Pradesh State Electricity Board Ltd., holding that the employer was justified in terminating the services of a candidate who had secured employment based on a matriculation certificate issued by an unrecognised board. Justice Ajay Mohan Goel remarked that: “As...
Home Guards Entitled To Duty Allowance Equivalent To Minimum Pay Of Police Personnel: Gujarat High Court
The Gujarat High Court has directed the State Government to increase the duty allowance payable to Home Guards so that it matches the minimum pay received by police personnel, holding that the State cannot disregard binding directions issued by the Supreme Court on the issue.A Single Judge Bench of Justice Maulik J. Shelat held that the State's continued payment of a daily allowance of ₹450...
BSF Court Of Inquiry Can Proceed Alongside Criminal Trial : J&K high Court
A Division Bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that preliminary Court of Inquiry under BSF Rules is merely a fact-finding exercise and it can proceed during pendency of a criminal trial. It does not amount to parallel departmental proceedings or cause prejudice to the accused employee. Background Facts...
Employees Selected In Same Recruitment Process Can't Be Given Different Pay Based On Joining Date: Rajasthan High Court
The Rajasthan High Court has held that candidates who have been selected, appointed and joined their services in the same recruitment process cannot be discriminated in the matter of pay fixation, merely on the basis of joining dates.The bench of Justice Chandra Shekhar Sharma was hearing petitions filed by school lecturers alleging that the State was discriminating in the pay scale of...
Employee Governed By CCS Pension Rules Can't Claim Gratuity Under Payment Of Gratuity Act : Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that an employee governed by statutory rules providing for gratuity (such as CCS (Pension) Rules) is excluded from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, and therefore cannot claim gratuity under the 1972 Act. Further it was held...
Fixed-Term Employment Paradox: Workers' Security Vis-a-Vis Employers' Flexibility Under New Labour Code
With the four new Labour Codes, India's labour law framework has introduced one of the most significant reforms by formally recognizing the Fixed-Term Employees (“FTEs”). They are one of the most relied workforce categories under the flexible staffing models.As per Section 2(34) of the new Code on Social Security, 2020 (“CSS”), an FTE is any employee who has been engaged directly by the employer through a written contract, for a pre-determined period. Therefore, the employment of the FTE...