Labour & Service
Bihar State Financial Corporation Can Fix Employee Pay Without State Approval: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that under the State Financial Corporations Act, 1951, a State Financial Corporation has power to determine its employees' pay and service conditions without needing prior approval from the State Government. Background Facts The employees were working with the Bihar...
'Abandonment Of Service Not Voluntary Retirement', Supreme Court Denies Pensionary Benefits To SBI Clerk
The Supreme Court has held that an employee who abandons service shortly before retirement cannot seek pensionary benefits by claiming it to be a voluntary retirement. “…we have noticed that the present case is not of voluntary retirement, rather of voluntary abandonment of the services, wherein from 24.01.1998 to 11.12.1998, the appellant, without informing and availing leave,...
Telangana High Court Directs Old Pension Scheme Benefits For Retired HC Judge Within 8 Weeks
The Telangana High Court has asked the concerned authorities to expeditiously implement benefits of old pension scheme entitlement to retired High Court judge Justice G Sri Devi within 8 weeks. In doing so the court disposed of the judge's plea after noting the submission of the authorities that they had granted sanction to her entitlement to pension under the Old Pension Scheme. A Division...
CCS Pension Rules | Gratuity Can Be Withheld During Pendency Of Criminal Or Disciplinary Proceedings Against Employee : Supreme Court
The Supreme Court has observed that an employer is entitled to withhold the payment of gratuity to an employee against whom a judicial or disciplinary proceeding is pending. A bench of Justice Prashant Kumar Mishra and Justice Vipul M. Pancholi dismissed an appeal filed by an ex-Himachal Pradesh Road Transport Corporation Clerk, whose gratuity was withheld by the transport corporation because...
'Decision To Transfer Govt Servant Lies With Executive': Patna HC Sets Aside Single Judge's Direction To Transfer Forest Officer
The Patna High Court has held that transfer and posting of a government servant lies within the exclusive domain of the executive, setting aside a Single Judge's direction to transfer a Divisional Forest Officer (DFO) during pendency of proceedings.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing an appeal filed by the State challenging the order...
Service Bonds Can Be Enforced On Students Who Avail Subsidised Education, Doesn't Constitute 'Bonded Labour': Karnataka High Court
The Karnataka High Court has recently held that service bonds can be enforced on medical students who avail subsidised education, noting that the same cannot be termed as "bonded labour" as it was common for students to avail study loans to defer the cost of education.In doing so the court allowed an appeal by Employees' State Insurance Corporation (ESIC) on mandatory service in its...
Industrial Disputes Act | Application Not Needed For Condonation U/S 33C(1) If 'Sufficient Cause' Is Shown In Main Petition: Karnataka HC
The Karnataka High Court has recently held that a workman is not required to file a separate delay condonation application under Section 33 C (1) [Recovery of money due from an employer] of the Industrial Disputes Act, 1947. The single judge bench of Justice Ananth Ramanath Hegde observed that 'sufficient cause' for delay if pleaded within the application for recovery of arrears under Section...
Myth Of Formalisation: Economic Survey Projections And Governance Challenges In India's Labour Codes
India's new labour codes have been promoted as reforms with the potential to bring major change whose draft rule was issued in December 2025. The Economic Survey 2025–26 presents an optimistic outlook: the codes are expected to raise formalisation from 60.4% to 75.5%, create 77 lakh jobs, lower unemployment, increase female labour force participation, and add 1.25% to GDP by 2029–30. These projections are based on the assumption that simplifying compliance for firms will encourage formalisation...
'Absence Without Leave Cannot Be Treated As Desertion Without Inquiring Into Cause': P&H High Court Grants Relief To CRPF Constable
The Punjab & Haryana High Court has held that absence without leave cannot be treated as desertion without examining whether such absence was wilful. The Court observed that absence by itself does not constitute misconduct unless it is proved to be wilful on the basis of material on record.Justice Sandeep Moudgil was hearing a writ petition filed by a CRPF constable challenging the...
Whistleblowers Have No Locus In Service Matters Unless They Are Directly Aggrieved: Punjab & Haryana High Court
The Punjab & Haryana High Court has held that third parties, including whistleblowers or complainants, do not have locus standi in service matters unless they are directly and substantially aggrieved. The Court observed that service disputes are personal in nature and only a person who has suffered a legal injury can maintain a challenge under Article 226.Justice Harpreet Singh Brar...