Karnataka High Court Issues Guidelines For Subsequent Reference To Labour Court After Either Party Disputes Earlier Settlement

The Karnataka High Court has held that if a dispute is raised questioning the validity of a settlement under Section 12(3) of the Industrial Disputes Act 1947, before a conciliation officer, the appropriate Government is required to assign reasons for referring it to adjudication.Justice Anant Ramanath Hegde held thus while partly allowing the petitions filed by the Management of Bosch Ltd...

Labour Engaged Through Contractor For Maintenance, Repair Of Factory Premises Qualify As 'Employee' Under ESI Act: Karnataka High Court

The Karnataka High Court has held that labourers engaged through contractors for construction and repair works within a factory premises are treated as 'employees' within the meaning of Section 2(9) of the Employees State Insurance (ESI) Act.Justice Ramchandra D Huddar added that in such a case, contribution under the Act will have to be paid by the company employing them. The...

Govt Employee Who Acquires Benchmark Disability During Service Can Extend Retirement Age Even If Not Appointed Under PwD Quota: HP High Court

The Himachal Pradesh High Court held that a government employee who acquires benchmark disability during service is entitled to the benefit of extended retirement age under the State's policy, even if he was not appointed under the handicapped quota.Rejecting the State's contention, Justice Jyotsna Rewal Dua said: “Merely because a person suffers disability in service, offers no valid ground...

Pre-University Education Rules | Denying Compassionate Appointment For Want Of Vacancy In Deceased's Institution Illegal: Karnataka High Court

The Karnataka High Court set aside an order passed by Pre-University Education department which had rejected a compassionate appointment plea filed by the son of a deceased employee of a Pre-University solely on the ground that there was no vacancy in the institution where the deceased was working.In doing so the court held that the rejection was in contravention to the state...

'Delay In Deciding Reference Cannot Be Grounds To Deny Relief': Bombay High Court Orders Reinstatement Of Workers Terminated In 1995

The Bombay High Court has held that delay in adjudication of an industrial reference cannot, by itself, be a ground to deny just relief to workmen whose services were illegally terminated. The Court observed that when the delay is not attributable to the workmen and the termination is found to be in violation of law, reinstatement is the appropriate remedy.A bench of Justice Milind N Jadhav...

Temporary Employees Rendering Over 15 Years Of Continuous Service On Sanctioned Posts; Entitled To Pension Under Bihar Pension Rules : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that temporary employees who have rendered over 15 years of continuous service on sanctioned posts with regular pay are entitled to pension under Rule 59 of the Bihar Pension Rules, 1950 (as adopted by State of Jharkhand). Background Facts The petitioners were appointed on various sanctioned posts under the...

Recording Adverse ACR Against Govt Employee During COVID Medical Leave Is Arbitrary: J&KL High Court Quashes Performance Report

The Jammu & Kashmir High Court quashed a “below average” Annual Confidential Report (ACR) recorded against a government employee for the year 2020, observing that the entry was made while the petitioner was on sanctioned medical leave due to COVID-19.A bench of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri held that such an adverse remark, made without any observable basis of...

State Can't Recover Overpaid Salaries After 5 Yrs, In Absence Of Misrepresentation From Workers: HP High Court Aids Class-III Workers

The Himachal Pradesh High Court dismissed 36 LPAs filed by the state, holding that the recovery of overpaid salaries after 5 years cannot be made from class-III workers, when there was no misrepresentation on the part of the workers.Upholding the finding of the Single bench, Justice G.S. Sandhawalia & Justice Ranjan Sharma held that: “since the petitioners are Class-III employees and...

Compassionate Appointment Applications Must Be Decided Within 90-Days: Karnataka High Court Issues Directions

The Karnataka High Court has directed authorities concerned to decide applications received for Compassionate Appointment within a maximum period of 90 days, from date of receipt of the application.A division bench of Justice Mohammad Nawaz And Justice K S Hemalekha said, “Compassionate appointment matters being a welfare measure designed to provide immediate financial relief to...

Employee's Plea For D.O.B. Correction At Fag End Of Service: Meghalaya HC Rejects Citing Inordinate Delay

The Meghalaya High Court bench comprising Justice H. S. Thangkhiew held that correction of date of birth in service records cannot be permitted at the fag end of service, even if supporting documents exist. Further as per Note to SR 8 of the Fundamental Rules & Supplementary Rules of Meghalaya, correction in date of birth is allowed only in rare cases of manifest error, and must be done...

CCS (Leave) Rules, 1972 | Maternity Leave For Third Child Can't Be Denied If First Two Children Were Born Before Joining Service: HP High Court

The Himachal Pradesh High Court has held that if two children of a government servant were born before joining government service and the third child is born after joining service, maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972 can't be denied.Justice Sandeep Sharma remarked that: “petitioner herein had given birth to two children prior to her induction...

Employer Has Duty To Reasonably Accommodate Employee Who Acquires Disability During Service : Supreme Court

The Supreme Court on Friday (Aug. 1) reiterated that an employee who acquires a disability during service must be protected by an employer by providing suitable alternate employment, unless no such post exists in their organization. Holding thus, the bench comprising Justices J.K. Maheshwari and Aravind Kumar granted relief to a bus driver employed with the Andhra Pradesh State Road...