Labour & Service
Uncommunicated Adverse Entries In ACRs Can Be Considered For Passing Order Of Compulsory Retirement: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that the uncommunicated adverse entries in an employee's Annual Confidential Reports can be considered for passing an order of compulsory retirement. Background Facts The employee was appointed as a Process Writer in the District Court Establishment at Jagdalpur...
Employer Retains Right To Disciplinary Action Even After POSH Conciliation Settlement: Gauhati High Court
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that conciliation under Section 10(4) of the POSH Act bars only further inquiry by the Internal Complaints Committee and does not prevent the employer from initiating independent disciplinary proceedings under the service rules in light of new evidence to ensure a...
Lateral Movement Between Posts Carrying Same Grade Pay Not A Promotion: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad held that movements between posts with the same Grade Pay (like Goods Guard to Passenger Guard) are lateral inductions, not promotions. Therefore, such movements should not be counted against the limited number of MACP upgradations. Background Facts The...
Calcutta HC: Divorced Daughters Eligible For Family Pension If Proceedings Began Before Parent's Death
A Division Bench of the Calcutta High Court comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that a divorced daughter is entitled to family pension if she was dependent on the pensioner and that divorce proceedings were initiated during the pensioner's lifetime. Background Facts The deceased employee retired from South Eastern Railway in 1983. Later...
EPF Act | Quasi-Judicial Authority Can't Defend Its Own Order In Appeal By Stepping Into Shoes Of Party To The Lis: Telangana High Court
The Telangana High Court has held that Quasi-Judicial authorities under the Employees' Provident Funds and Miscellaneous Provisions Act cannot defend their own orders in appeal by stepping into the shoes of a party to the lis.The respondent (in the appeal) is an 'Employer' of an Establishment under section 2(e) of the Act. Proceedings were initiated against the employer under section 7A by...
EPF Wage Ceiling Limit Revision Requires Active Consideration : Supreme Court Asks Union To Decide In 4 Months
Dealing with a public interest litigation, the Supreme Court recently allowed a litigant to approach the Union government with a representation for revision of wage ceiling limit under the Employees Provident Fund scheme.A bench of Justices JK Maheshwari and Atul S Chadurkar heard the matter and ordered that the respondent-government(s) take a decision within 4 months. The petitioner can file...
Exoneration In Disciplinary Proceedings Doesn't Bar Criminal Prosecution On Same Charge In All Situations : Supreme Court
The Supreme Court has held that exoneration of a public servant in departmental disciplinary proceedings does not automatically warrant quashing of a criminal prosecution, particularly in corruption cases arising from trap proceedings, reiterating that the two processes operate independently and on different standards of proof.A Bench comprising Justice Ahsanuddin Amanullah and Justice K...
'Rules Of Game Can't Be Changed Midway' : Supreme Court Sets Aside Midway Criteria Change In BPSC Asst. Engineer Recruitment
Reaffirming that the “rules of the game cannot be changed midway”, the Supreme Court on Tuesday (January 6) set aside the Patna High Court's decision which had upheld the State Government's mid-process amendment of recruitment rules, a move that adversely affected candidates who had qualified under the written examination. A bench of Justices JK Maheshwari and Vijay Bishnoi allowed the...
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the...