Labour & Service
Workmen's Compensation Act | Taking Deceased To Hospital On Humanitarian Ground Not Enough To Assume Employment Relationship: Rajasthan HC
Rajasthan High Court set aside a claim granted in favour of a deceased man's family under the Workmen's Compensation Act, and held that taking deceased to the hospital on humanitarian grounds was not sufficient to establish employer-employee relationship in absence of any documents.The bench of Justice Ravi Chirania opined that in a society, many a times people extended their help to those...
Karnataka High Court Permits Impleadment Of Workers' Associations In Plea Challenging State's Minimum Wage Hike Notification
The Karnataka High Court on Tuesday (June 9) allowed several interlocutory applications filed by various workers' associations seeking impleadment as parties to a plea challenging State government's May 22 notification proposing minimum wage hike for 81 scheduled employments.A single judge bench of Justice Jyothi M was hearing the writ petition filed by the Karnataka Employers' Association...
P&H High Court Directs Centre To Treat Ex-IAS Ashok Khema As Empanelled Deemed Addl Secy. & Secy, Holds Denial Arbitrary
The Punjab and Haryana High Court has allowed a plea filed by retired IAS officer Ashok Khemka, holding that denial of empanelment to the rank of Additional Secretary/Secretary to the Government of India, despite similar relaxations granted to other officers, was discriminatory and violative of Articles 14 and 16 of the Constitution.A Division Bench comprising Justice Harsimran Singh Sethi...
Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance
The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...
Cut-Off Date In Recruitment Not Arbitrary, Candidates Must Possess Qualification By Last Date Of Application: P&H High Court
The Punjab and Haryana High Court has held that prescribing the last date of submission of applications as the cut-off date for determining eligibility in recruitment processes is neither arbitrary nor unconstitutional, reiterating that candidates must possess the requisite qualifications by the stipulated date.Dismissing a writ petition filed by a candidate seeking relaxation of...
Karnataka High Court Refuses To Pass Interim Order Permitting KSAT Member To Continue In Office After Expiry Of Tenure Next Week
The Karnataka High Court on Friday (June 5) declined to pass interim order for now in a PIL seeking a direction to allow an Administrative Member of the Karnataka State Administrative Tribunal (KSAT) to continue in the office after expiry of his tenure on June 13. The Division bench of Chief Justice Vibhu Bakhru and Justice K.S Hemalekha orally said that a memo extending the tenure can be...
Appointment Under Sports Quota Can't Be Denied For Representing University Outside State: Rajasthan High Court Grants Relief To Candidate
Rajasthan High Court granted relief to a candidate who sought appointment to the post of Teacher under “Outstanding sports Person” category, earlier denied the benefit on the ground that certificate issued to her for participating in the Championship was for representing Haryana and not Rajasthan.In doing so the court referred to the advertisement and said that the essential requirement...
Contractual Professionals Not Entitled To Remuneration Beyond Contract Period Without Proof Of Work Performed: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has set aside a writ Court order directing payment of remuneration to contractual professionals engaged for preparation of zonal plans, holding that the respondents miserably failed to demonstrate that they performed any duties beyond the period of their contract.The Court observed that the experience certificates were issued by the very...
Disability Developed After 14 Years Of Army Service Presumed Attributable To Service Absent Cogent Rebuttal: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court upheld an order of the Armed Forces Tribunal granting disability element of pension to Army personnel after observing that the disability had developed during service after more than fourteen years of enrolment and that the subsequent denial of attributability lacked adequate reasoning.The Court was hearing a writ petition filed by the Union of...
Subsequent Penalty Cannot Affect Promotion Against Vacancies That Arose Prior To Issuance Of Punishment Order: Rajasthan High Court
Rajasthan High Court held that the effective date for calculating past 7 years' record of government employee for consideration of promotion would start from the date vacancy accrued for the concerned promotion, and not the date of the incident against which disciplinary proceedings are initiated. The bench of Justice Anand Sharma observed that any penalty had an impact on the promotion to...
Person With Higher Qualification Can't Be Considered For Post Specifically Intended For Less Educated : Supreme Court
The Supreme Court has observed that suppression of higher educational qualifications for a job post exclusively reserved for lower educational qualifications amounts to depriving genuinely eligible and deserving candidates of the job. “…when the post was specifically intended for candidates possessing lower educational qualifications, permitting a person with higher qualifications to...