Labour & Service
Appearance Of Workman Through Advocate Amounts To Deemed Consent For Employer's Legal Representation: Jharkhand High Court
In Alembic Pharmaceuticals Limited v. Jay Prakash Singh, a single-judge bench of the Jharkhand High Court comprising Justice Deepak Roshan held that 'consent' under Section 36(4) of the Industrial Disputes Act (IDA) need not be explicit and that implicit consent of the other parties is sufficient.In this case, the Labour Court had ruled in favour of the respondent-workman and debarred...
Administrative Delay And Seniority: When Favouring A Junior Over Seniors Becomes Discriminatory: Delhi High Court
A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that administrative delay in the employees' joining created a shortfall in their qualifying service for promotion. Hence the employees were eligible for promotion as the delay was attributable to the administrative process of UOI and not to any fault of...
Widow Cannot Abandon In-Laws After Availing Compassionate Appointment: Rajasthan High Court Orders 20K Monthly Salary Deduction
The Rajasthan High Court has directed the State to deduct a part of a widow's salary who was appointed on compassionate grounds after her husband's death, and deposit it in the account of her dependent father-in-law, upon finding the fact of her leaving the matrimonial house and deserting the in-laws soon after the husband's death.The bench of Justice Farjand Ali opined that...
Employer Cannot Cite Delay To Deny Employee's Claim When It Failed To Respond To Representation For Years: HP High Court
The Himachal Pradesh High Court dismissed an appeal filed by the National Institute of Technology, Delhi, challenging a Single Judge's order that quashed the withdrawal of a retired employee's higher grade pay and directed the institute to reconsider his claim for financial upgradation. The Court held that the delay was caused by NIT's failure to respond to the employee's...
Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court
The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...
Superior Authority Not Bound To Record Or Communicate Detailed Reasons When Rejecting Representation Against Adverse Remarks: Delhi HC
A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that a superior authority rejecting a representation against adverse remarks is not legally obligated to record or communicate detailed reasons for its decision. Background Facts The employee joined the BSF as a Group A officer in November 2012. Before that he served in...
Challenge To Transfer Order Becomes Unsustainable Once Employee Joins The Transferred Post: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad held that challenge to a transfer order is generally not maintainable after the employee has joined the transferred post. Background Facts The Lecturer (History) was serving at Government Girls Higher Secondary School, Abhanpur. He was declared surplus...
'Fraud Unravels All Solemn Transactions': Allahabad High Court Denies Relief To Compassionate Appointee Terminated After 27-Yrs Service
Holding that fraud vitiates everything else, the Allahabad High Court has denied any relief to the employee who had worked for 27 years as compassionate appointee, citing grounds of fraud committed by him in obtaining the appointment.Upholding the order declaring his appointment void ab initio with effect from the date of appointment, i.e., 31.03.1998, Justice Manju Rani Chauhan...
Denial Of Subsistence Allowance During Suspension Amounts To “Economic Excommunication”: Karnataka High Court
The Karnataka High Court has held that subsistence allowance is mandatory in any circumstance of suspension of an employee, and “he cannot be denied his statutory subsistence allowance.”Justice M. Nagaprasanna said this while allowing a petition by Basavaraj Pundalikappa and quashing the suspension order dated 22-07-2025. The petitioner joined as an attender in Bagalkote Municipal Council...
Junior Can't Draw Higher Pay Than Senior Under 2022 Civil Service Rules; Recovery Barred If Excess Due To Departmental Error: HP High Court
The Himachal Pradesh High Court has held that, as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, a government employee's pay can't exceed that of their immediate senior.However, the Court quashed the recovery of excess salary paid to the petitioner, as the excess payment made occurred due to a departmental error.Justice Jyotsna Rewal Dua remarked that: “Admittedly, a...
Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC
A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...
Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...