Labour Courts Continue To Have Jurisdiction Till Tribunals Are Formed Under Industrial Relations Code 2020: Karnataka High Court

The Karnataka High Court has held that the Labour Courts, Tribunals and other statutory authorities functioning under the Industrial Disputes Act, 1947, will continue to exercise jurisdiction till the Tribunals are constituted and become functional under the Industrial Relations Code, 2020. The Court observed that in view of the amendment to Section 104 of the Code on 16.02.2026, the repeal...

Punitive Termination Cannot Be Passed Without Hearing; Misconduct-Based Discharge Violates Natural Justice: Karnataka High Court

The Karnataka High Court has held that termination of a punitive or stigmatic nature cannot be made without providing an effective opportunity of hearing or conducting a departmental inquiry. The Court observed that once an employee has entered service, even an order styled as termination cannot be sustained if it is founded on allegations of misconduct and passed without adherence to...

Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener

The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...

Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court

The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...

Rajasthan High Court Stays Order Treating Employee's 5-Year Absence As Voluntary Resignation

The Rajasthan High Court has stayed an order of the State government treating an employee's prolonged absenteeism as voluntary resignation, opining that the matter warranted interim protection in light of medical hardships faced by the employee. Justice Sameer Jain was hearing a petition challenging the order of the State that treated petitioner's willful absenteeism for approximately 5 years,...

Retrospective Regularisation Shall Not Confer Seniority: Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that seniority as a graduate teacher can be counted only from the date when the teacher possessed both the Graduate qualification and received the Graduate scale of pay. Further, the retrospective regularization cannot confer retrospective seniority. Background Facts...

Fixed-Term Appointments Made Through Due Process Are Not “Backdoor Entries”: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition challenging the regularisation policy of Fixed Tenure Appointees in Satluj Jal Vidyut Nigam Limited, holding that appointments made through a transparent and competitive process could not be characterised as “backdoor entries” merely because they were initially for a fixed term.A Division Bench of Justice Vivek Singh Thakur and...

Disciplinary Proceedings For Obtaining B.Ed Without Permission, Employee Can't Be Given Promotional Post : Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that obtaining a degree without prior permission amounts to misconduct in violation of statutory conduct rules. Further, during the pendency of disciplinary proceedings, an employee cannot be given an in-charge promotional post, though the degree itself...

The Architecture Of Uncertainty: Understanding "Blindspot" And Contractual Trap In 2025 Labour Codes

The formal announcement of India's four broad Labour Codes on November 21, 2025, was the biggest change in the country's industrial relations since the post-colonial legal framework was put in place. The State has completely rewritten the social contract between capital and labour by combining 29 separate central laws into the Code on Wages (2019), the Industrial Relations (IR) Code (2020), the Code on Social Security (2020), and the Occupational Safety, Health, and Working Conditions (OSH) Code...

Employees' Compensation Act | Insurer Not Liable To Bear Penalty Imposed On Employer For Delayed Compensation Payment : Supreme Court

The Supreme Court on Monday (February 23) observed that an employer's liability to pay a penalty for delaying payment of compensation to its employee cannot be fastened upon the insurance company. A bench of Justices Aravind Kumar and Prasanna B. Varale set aside that part of the Delhi High Court's order which had fastened the liability of the employer to pay a penalty to the employee for...

Unmarried Woman Can't Be Denied Public Employment Over Fear That She May Relocate After Marriage: Gujarat High Court

The Gujarat High Court has held that denying public employment to an unmarried woman on the ground that she may marry and relocate is arbitrary and unconstitutional, observing that such reasoning reflects clear favouritism and violates equality principles.Coming down heavily on the appointing authority, Justice Maulik J. Shelat observed, “This is a classic example of outright favouritism by...

Advanced-Stage Recruitment Cannot Be Abandoned Without Rational Basis: J&K&L High Court Set Aside Cancellation Of GDS Post

The Jammu and Kashmir High Court held that while participation in a recruitment process does not confer an indefeasible right to appointment, the State cannot arbitrarily cancel a selection process that has reached an advanced stage without a rational basis.A Division Bench comprising of Chief Justice Arun Palli and Justice Rajnesh Oswal allowed appeal and set aside the cancellation...