Welfare State Must Be Impartial, Cannot Be "Touchy" When Employees Approach Court For Rightful Claim: HP High Court

The Himachal Pradesh High Court has extended the retirement age of a government college professor, and held that a welfare State is expected to act fairly and without bias, and can't penalise an employee merely because she approached the Court for enforcement of her lawful rights.Noting the conduct of college Justice Sandeep Sharma remarked that: “State being 'welfare State' is expected to...

Govts Must Not Extract Regular Work From Ad-hoc Workers; Must Create Sanctioned Posts For Recurring Jobs : Supreme Court

The Supreme Court on Tuesday (Aug. 19) set aside the Allahabad High Court's decision that had denied regularization of long-serving ad-hoc employees who performed perennial nature of work at the U.P. Higher Education Services Commission, solely on the ground that they were initially appointed as daily wagers and no sanctioned posts were available. The appellants'- five Class-IV employees and...

Punishment Involving Loss Of Service Benefits Can Be Imposed Only Upon Proof Of Misconduct: HP High Court

The Himachal Pradesh High Court has held that disciplinary punishment involving civil consequences, such as forfeiture of service benefits, must be based on clear proof of misconduct or dereliction of duty.Justice Satyen Vaidya remarked that: “The petitioner could be visited with civil and evil consequences of punishment only on proof of any misconduct or dereliction of duty on his part,...

CCS Rules | Once Employee's Study Leave Is Sanctioned, State Can't Reduce Salary Based On Subsequent Amendment: HP High Court

The Himachal Pradesh High Court has held that once an employee was given study leave for pursuing a three-year LLB Degree course, he became entitled to full leave salary in terms of the unamended Central Civil Services (Leave) Rules.The Court clarified that the subsequent amendment, which reduced the leave salary to 40% could not be applied retrospectively to a leave that had already...

Employee Cannot Seek Promotion Merely Based On Eligibility, When Dept Promotion Committee Was Not Convened Before His Retirement: HP High Court

The Himachal Pradesh High Court held that an employee cannot claim promotion merely on the ground that he was found eligible, where the Departmental Promotion Committee was convened only after his retirement.The Court further stated that there is no vested right to promotion after superannuation in the absence of any mala fide delay on the part of the competent authority.Rejecting the...

Mere Pendency Of FIR For Minor Offences Can't Be A Ground To Deny Compassionate Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the pendency of an FIR, particularly for petty offences, cannot be a valid reason to withhold compassionate appointment already approved by the competent authority.Justice Sandeep Sharma observed: “Till the time charge is not framed against the accused and he is not convicted by a competent Court of law, he is deemed to be innocent. If it is...

Disabled Persons Entitled To Posting At Same Place Even After Promotion Under Policy Framed Pursuant To International Obligations: Calcutta HC

The Calcutta High Court bench of Justices Sujoy Paul and Smita Das De has held that a policy mandating that disabled persons remain posted at the same place even after promotion is binding, especially when framed under international obligations. A disabled person cannot be denied the benefit of such a policy even if reversion is sought by him under compelling circumstances.The present...

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...