Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court

The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal,...

Rajasthan High Court Orders Reinstatement Of Constables Dismissed Without Regular Enquiry Over Accused's Escape From Custody

Rajasthan High Court directed reinstatement of three constables, dismissed from service without conduct of regular enquiry under State Civil Services (Classification, Control and Appeal) Rules, after two accused absconded from their custody charged with looting. The bench of Justice Anand Sharma opined that merely the nature of offence committed by the absconded accused could not be a...

Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...

Will In Favour Of Any Person Doesn't Affect Compassionate Appointment Which Is Based On Dependence On Deceased: Allahabad High Court

The Allahabad High Court has held that there is no provision in the scheme of compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 which provides for determination of suitability based on will of the deceased. It held that compassionate appointment is granted based on dependence of the family member upon the deceased...

State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee

The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice...

General Provident Fund | Succession Certificate Not Necessary For Nominee To Collect PF Amount Above ₹5,000 : Supreme Court

The Supreme Court recently held that even where the General Provident Fund balance exceeds ₹5,000, a valid nominee is entitled to receive the amount without being required to first produce a succession certificate, probate, or letters of administration, and that insisting on such documents would render the concept of nomination otiose.“Consequently, this Court is of the view that in cases...

Compassionate Appointment Barred Where Co-Dependent Is Already Employed: Chhattisgarh High Court

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held that the compassionate appointment is governed by the policy in force on the date of the employee's death and cannot be granted where a dependent is already employed.Background Facts The deceased employee worked as a Subordinate Engineer with South Eastern Coalfields...

Different Age Criteria For Contractual And Regular Appointments Unconstitutional: Rajasthan High Court

The Rajasthan High Court has struck down Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (“2022 Rules”) as unconstitutional for being violative of Articles 14 & 16, as it prescribed 21 years as eligibility criteria for contractual recruitment to a post as compared to 18 years prescribed by Rajasthan Medical Health And Subordinate Service Rules, 1965...

Workers Hired Through Contractors Can't Claim Equal Status As Regular Employees : Supreme Court

The Supreme Court held that contractual workers engaged through third-party service providers are not entitled to equivalent employment benefits as regular employees, observing that such parity would undermine the foundational principles of public recruitment and transparent hiring processes. “If the persons who are employed through a contractor, and have come to work, are given equal...

Accepting Terminal Benefits Under EPF Forfeits State Pension Rights: Jharkhand High Court

A Division Bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar held that an employee who voluntarily switches to the EPF scheme, accepts all EPF/terminal benefits, and remains silent for years is estopped from later claiming pension from the State. Background Facts The employee was initially appointed as a Chowkidar in the Food...

Uncommunicated Adverse Entries In ACRs Can Be Considered For Passing Order Of Compulsory Retirement: Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that the uncommunicated adverse entries in an employee's Annual Confidential Reports can be considered for passing an order of compulsory retirement. Background Facts The employee was appointed as a Process Writer in the District Court Establishment at Jagdalpur...

Employer Retains Right To Disciplinary Action Even After POSH Conciliation Settlement: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that conciliation under Section 10(4) of the POSH Act bars only further inquiry by the Internal Complaints Committee and does not prevent the employer from initiating independent disciplinary proceedings under the service rules in light of new evidence to ensure a...