Labour & Service
'No Mother Would Hurt Her Child': Orissa High Court Orders 75% Back Wages To Woman Dismissed For Allegedly Throwing Her Baby Into Canal
The Orissa High Court has upheld an order of the Central Administrative Tribunal (CAT) reinstating a female government employee who was dismissed from service for allegedly throwing her baby into a canal causing her death. The Court further modified the Tribunal's order asking the employer to pay 75% of the back wages upon her reinstatement. In the absence of any evidence implicating...
Can Employer Claim Income Tax Deduction On Delayed PF-ESI Deposits? Supreme Court To Settle Conflicting Decisions
The Supreme Court agreed to examine the contentious issue under the tax law of whether an employer is entitled to claim income tax deductions for employees' Provident Fund (PF) and Employees' State Insurance (ESI) contributions that are deposited after the prescribed due date. A bench of Justices JB Pardiwala and Sandeep Mehta issued notice in an appeal filed against the Delhi High...
Industrial Court Proper Forum To Decide Issues Regarding Contract Labour : Supreme Court
The Supreme Court observed that the Industrial Court established under the Industrial Disputes Act, 1947 is the proper forum for adjudication of the dispute concerning the employment and termination of employment of the contract labour. “…the proper forum is the Industrial Court/Court for adjudicating issues concerning the employment and termination of employment of contract...
Continuity Of Service For Pension Benefits Preserved When Technical Resignation Is Followed By Immediate Rejoining Without Break: Orissa HC
A Division Bench of the Orissa High Court comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra held that continuity of service for pension benefits is preserved under CCS (Pension) Rules when an employee submits a technical resignation and immediately rejoins the same post under the same employer without interruption. Background Facts The employee was appointed as...
Ex-Contract Workers Must Get Preference When Principal Employer Replaces Contract Labourers With Regular Workmen : Supreme Court
The Supreme Court held that when an employer intends to employ regular workers in place of contract labour, then the employer must give first preference to the erstwhile contract workers. A bench of Justices Pankaj Mithal and SVN Bhatti outlined the modes and methods of re-employment if discontinuation of the labour contract is valid: "a. If the principal employer intends to employ...
Prior Written Demand Not Necessary For 'Industrial Dispute' To Exist; Apprehended Dispute Can Be Referred : Supreme Court
The Supreme Court on Tuesday (January 27) observed that a trade union is not obliged to serve a formal “charter of demands” on the management before approaching the Conciliation Officer under the Industrial Disputes Act, 1947. The Court observed that the Industrial Disputes Act is both preventive and remedial in character, and therefore a trade union or a worker is entitled to invoke...
'Executive Officer' Deciding Mutation Proceedings Is A 'Judge' For Purposes Of Judges (Protection) Act, 1985: Patna High Court
The Patna High Court has held that an Executive Officer in the Patna Municipal Corporation would be covered under the ambit of the Judges (Protection) Act, 1985, while deciding mutation proceedings. The Court clarified that any person who is legally empowered, in the course of legal proceedings, to render a definitive and determinative judgment would be regarded as a 'Judge' for the purposes...
Double Jeopardy Bars Enhanced Departmental Penalty After Conviction In Criminal Appeal: Delhi High Court
A Division Bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that once a disciplinary authority has imposed a penalty based on a conviction, it cannot reopen the same incident to impose a harsher punishment merely because the criminal appeal results in a reduced sentence, as this violates the principle against double jeopardy. Background...
WB DGP Appointment | CAT Directs State Govt To Resubmit Proposal; Orders UPSC To Convene Empanelment Meeting By Jan 28
The Central Administrative Tribunal (CAT), Principal Bench, has directed the Union Public Service Commission (UPSC) to immediately constitute an Empanelment Committee for the appointment of the West Bengal Director General of Police (DGP).It may be noted that West Bengal has not had a full-time DGP since December 2023. Acting DGP Rajeev Kumar is due to retire on 31 January. It also directed...
Unproved Witness Statement To Police Can't Be Used In Disciplinary Proceedings: Rajasthan High Court Quashes Govt Officer's Pension Forfeiture
The Rajasthan High Court has set aside the disciplinary action against a government officer stopping his 100% pension for life, which was solely based on statements of a person given to the police under Section 161 CrPC who was neither examined during the departmental enquiry nor before court. The bench of Justice Ashok Kumar Jain observed that a statement given under Section 161 CrPC, held...