Labour & Service
Adoption Of Pay Revision Scheme Doesn't Automatically Bind Employer To Its Retrospective Date : Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a cooperative society's decision to implement ROPA 2009 from August 2014 without arrears is valid, and it is not bound to grant benefits from January 1, 2006. Background Facts The appellant was appointed as a Junior Clerk by the Board of Directors of...
Retirees Completing 12 Months Service By 30th June Entitled To Annual Increment For Pension Revision: P&H HC
A Division bench of the Punjab & Haryana High Court comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor held that employees retiring on 30th June are entitled to the benefit of annual increment if they completed 12 months of satisfactory service. Background Facts The petitioners were employees of the State of Haryana. They sought quashing of Rule 10 of the...
Departmental Proceedings Instituted Before Retirement Can Continue; Punishment May Be Imposed Irrespective Of Pecuniary Loss : Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that departmental proceedings instituted before retirement can validly continue under Rule 9(2) of the Railway Services (Pension) Rules, 1993, and punishment may be imposed even after superannuation for grave misconduct or negligence, irrespective of pecuniary loss to...
MACP Benefits Not Meant For Employees Who Have Already Received Higher Grade Pay: Delhi High Court
The Delhi High Court has observed that the benefits under the MACP (Modified Assured Career Progression) schemes is not meant for the Central Government employees who have already received a higher grade pay.A division bench comprising Justice Navin Chawla and Justice Madhu Jain said that the scheme in question is designed to provide relief only where an employee remains stagnant in the...
Waitlisted Candidates' Right Extinguish When All Selected Candidates Join Posts : Supreme Court
Observing that the waitlist of candidates cannot operate indefinitely and ceases once all the posts are filled up via recruitment process, the Supreme Court on Wednesday (October 15) set aside the Calcutta High Court's ruling which directed notional absorption of the waitlisted candidate years after the initial recruitment resulted in filling up of all the posts. Allowing the Union...
Dismissing Employee For A Charge Not Mentioned In Show-Cause Notice Improper : Supreme Court
The Supreme Court recently set aside the suspension of school teachers in Jharkhand, after finding that they were declared ineligible based on a different charge, which was never labelled against them in the show cause notice. The candidates were held ineligible based on an erroneous marks calculation method, which was never part of the original show cause notice, and denying them...
Gratuity Can't Be Withheld To Recover Loan Default Even If Retired Employee Was Guarantor : Orissa HC
A Division bench of the Orrissa High Court comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman held that gratuity cannot be withheld or forfeited to recover a loan default, even if the retired employee stood as a guarantor, unless termination occurred for misconduct provided under Section 4(6) of the Payment of Gratuity Act, 1972. Background Facts The...
Salary Can't Be Re-Fixed After Superannuation, Hence Recovery Of Excess Payment From Retired Employee Impermissible: P&H HC
A Division bench of the Punjab and Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that the refixation of salary after an employee's superannuation, leading to recovery of excess payments made without any misrepresentation or fraud by the employee, is impermissible in law. Background Facts The petitioner was a government employee. He...
Dismissal For Threatening Manager Not Disproportionate When Employee Has Record Of Similar Misconduct: Madras HC
A Division bench of the Madras High Court comprising Justice C. V. Karthikeyan and Justice R. Vijayakumar held that dismissal for abusive and threatening conduct against a superior is not disproportionate when the employee has a history of similar past misconduct. Background Facts The Tamil Nadu State Transport Corporation employed a Conductor. He was working in...
Karnataka High Court Orders Jet Airways To Pay ₹13 Lakh In Back Wages To Dismissed Employee Despite Liquidation
The Karnataka High Court recently directed liquidation bound Jet Airways to pay back wages of ₹13,00,000, along with accrued interest, to a former employee who was dismissed from its services.A division bench of the High Court dismissed Jet Airways' plea challenging a 2017 Industrial Tribunal order on the grounds that the workman's right to the back wages had "crystallized on the date of...
'Receiver Appointed For Sale Of Assets Cannot Be Treated As Employer To Run Partnership Firm': Bombay High Court
The Bombay High Court has held that a Court Receiver appointed to sell the assets of a dissolved partnership firm cannot be treated as an “employer” under Section 25-O of the Industrial Disputes Act, 1947, for the purpose of running the business or making applications for closure. The Court observed that once the Receiver is appointed to sell assets, the business of the firm stands...
'Inability To Create Permanent Posts No Grounds To Employ Temporary Workers For Unreasonably Long Period': Bombay High Court
The Bombay High Court has held that the inability to create permanent posts or financial limitations cannot justify employing workers who perform permanent and essential duties on a temporary basis for years together. The Court observed that continuing such workers on short-term or contractual appointments amounts to unfair labour practice and violates the constitutional principles of...