Labour & Service
'Labour Law Is Charter Of Human Rights At Workplace, Govt Cannot Play “Hide & Seek” With Employees': Patna HC Restores Back Wages
The Patna High Court has held that where a Labour Court award directing reinstatement with full back wages remains unchallenged, the executing order passed under Section 33C(2) of the Industrial Disputes Act for computation of such dues cannot be interfered with in a manner that nullifies the original award. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was...
Candidate Cannot Be Faulted For Not Producing Eligibility Certificate Which Department Was Bound To Obtain: Rajasthan High Court
The Rajasthan High Court has held that where the onus to procure the Certificate of Eligibility regarding the nationality of a candidate rests upon the appointing government-department, no adverse action can be initiated against the candidate for not approaching the Ministry of Home Affairs for obtaining the same.The bench of Justice Nupur Bhati was hearing a quashing petition filed by...
Contractual Appointment Against Regular Post Advertisement Is 'Patently Illegal': Supreme Court
The Supreme Court on Wednesday (May 13) held that appointing a candidate on a contractual basis against an advertisement issued for regular vacancies is “patently illegal and unconstitutional” when no reasons are recorded for such differential treatment. A bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti allowed an appeal filed by an Assistant Professor, who was granted a...
EPFO Can't Recover Provident Fund Settlement From Employee On Account Of Employer's Alleged Post-Surrender Violation: Telangana High Court
The Telangana High Court has held that if an establishment and its provident fund trust fail to transfer past accumulations to the Employee Provident Fund Organisarion after surrender of exemption, the statutory liability is on the employer and the trust and not automatically on the employee who received settlement of his own PF dues. Justice Nagesh Bheemapaka held that, in the absence of...
Suspension Period Treated As Extra-Ordinary Leave Cannot Count Towards Pensionable Service For Convicted Govt Servant: Sikkim High Court
The Sikkim High Court has held that a government servant convicted in a criminal case was not entitled to pension after failing to complete the mandatory 10 years of qualifying service under the Sikkim Services (Pension) Rules, 1990. The Court observed that since the petitioner's suspension period had been validly treated as extra-ordinary leave, it could not be reckoned for qualifying...
ASHA Workers Cannot Be Disqualified From Panchayat Posts Merely For Receiving Incentives: HP High Court Stays Govt Clarification
The Himachal Pradesh High Court stayed a State Government clarification that treated ASHA workers as part-time employees and consequently disqualified them from being elected as office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.A Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma remarked that: “a prima facie case is...
Employee Resigning In Breach Of Service Bond Cannot Force Employer To Issue Relieving Letter Or Experience Certificate: Bombay High Court
The Bombay High Court has held that an employee who resigns in breach of a service bond cannot insist that the employer must issue a relieving letter or experience certificate. The Court observed that when resignation is tendered contrary to contractual obligations under a valid service bond, the employer is justified in not accepting the resignation and consequently cannot be compelled to...
Disciplinary Authority Cannot Punish Employee For A Charge Not Originally Framed Without Fresh Show-Cause Notice : Supreme Court
The Supreme Court on Wednesday (May 6) held that a delinquent employee who has successfully defended the charge against him cannot be removed on the new charge on which he was not granted an opportunity to defend. A bench of Justice Dipankar Datta and Justice Satish Chandra Sharma heard an appeal filed by a retired paediatrician who had been barred from the Indian Medical Register for...
EPF Act | Employees Of Exempted Establishments Entitled To Higher Pension If PF Contributions Were On Actual Wages: Karnataka High Court
The Karnataka High Court has held that employees belonging to exempted establishments could still claim higher pensions post-2014 under the Employees' Pension Scheme, 1995 [Scheme, 1995], through a joint option, provided that they have been contributing on actual wages to the provident fund, even when the contribution is paid on capped wages to the pension scheme.The single-judge bench of...
Industrial Dispute Deemed 'Pending' U/S Till 30 Days Post-Award; S.33(2)(B) Approval Mandatory: Bombay High Court
The Bombay High Court has held that an industrial dispute is deemed to remain “pending” under Section 20(3) of the Industrial Disputes Act until 30 days after publication of the award, even if the dispute is factually settled. The Court clarified that during this statutory period, compliance with Section 33(2)(b) is mandatory for dismissal of a workman.Justice Amit Borkar was hearing...