Labour & Service
'Progressive Welfare Measure': Kerala High Court Asks State To Consider KSRTC Women Conductors' Plea For 2-Day Paid Menstrual Leave
The Kerala High Court recently directed the State to consider the representation preferred by the women conductors of the Kerala State Road Transport Corporation (KSRTC) seeking two days' paid menstrual leave. [2026 LiveLaw (Ker) 409]Justice Viju Abraham directed the State government to consider and pass orders on the petitioners' representation without delay, within 3 months from the date...
Maternity Leave For Second Child Can't Be Denied For Want Of Two-Year Gap Under UP Financial Handbook: Allahabad High Court
The Allahabad High Court has held that maternity leave for a second child cannot be refused on the ground that two years have not elapsed since the earlier spell of such leave was granted. It held that the Code on Social Security, 2020 prevails over the rules contained in the U.P. Financial Handbook.Section 161 of the Code on Social Security, 2020 provides that the Code shall have...
Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court
The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...
Labour Court Must First Decide Fairness Of Domestic Inquiry Before Examining Merits Of Charges: Allahabad High Court
The Allahabad High Court has reiterated that where the termination of a workman on the basis of a domestic inquiry is referred to a Labour Court, the Labour Court must first decide whether the domestic inquiry was fair, and may take up the merits of the charges only after deciding that issue.It held that where the inquiry is found to be unfair, the employer must be granted an opportunity to...
Pensioner Has Duty To Inform Authorities If Full Pension Is Paid Despite Commutation, Recovery Valid: Uttarakhand High Court
The Uttarakhand High Court has held that where a pensioner continues to receive full pension despite having already received the commuted value of pension, it is the pensioner's duty to inform the authorities if the department inadvertently fails to make the stipulated monthly deductions. The Court observed that a pensioner cannot retain amounts wrongly received due to such an...
Judge Need Not Recuse From Hearing RBI Employee's Plea Merely Because He Appeared For RBI As Lawyer: Bombay High Court
The Bombay High Court has rejected a litigant's demand that a Judge recuse from hearing a matter merely because, while at the Bar, he had appeared as counsel for the Reserve Bank of India (RBI). The Court observed that accepting such a contention as a general principle would make it impossible for any Judge who had represented the Government or public bodies during legal practice to hear...
No Legal Basis To Deny Woman Jailor Promotion As Recruitment Rules Make No Gender Distinction: Tripura High Court
The Tripura High Court has held that, in the absence of any provision in the Recruitment Rules prescribing gender-based restrictions, a Female Jailor cannot be denied consideration for promotion to the post of Deputy Superintendent (Home) Jail solely on the ground of her gender. The Court observed that the applicable Recruitment Rules do not distinguish between male and female Jailors...
Interest Under Employee's Compensation Act Payable From Date Of Accident; Widow Entitled To Penalty For Delay: Jharkhand High Court
The Jharkhand High Court has held that interest on compensation under the Employees' Compensation Act is payable from the date of the accident and that where the employer fails to pay compensation within the statutory period without justification, penalty under Section 4A of the Act must also be awarded. Modifying an award passed by the Labour Court, the Court directed payment of interest...
Employer Must Verify Voluntariness Of Employee's Resignation If Letter Mentions 'Threat Or Pressure': Chhattisgarh High Court
The Chhattisgarh High Court has held that where a resignation letter itself expressly states that it is being tendered under "threat" or "pressure", the employer is under an obligation to verify whether the resignation is voluntary before accepting it. The Court observed that acceptance of such a resignation without any inquiry into its voluntariness renders the acceptance legally...
Promotion Does Not Cease To Be Promotion Just Because Employee's Grade Pay Doesn't Change : Supreme Court
The Supreme Court on Thursday held that promotions earned by Railway Guards within the Guard cadre must be counted while determining entitlement under the Modified Assured Career Progression Scheme (MACPS), ruling that employees who have reached the post of Mail/Express Guard are not entitled to further financial upgradations to higher Grade Pays under the scheme.A Bench of Justice Sanjay...