Labour & Service
Full Wages For Suspension Period Only Granted Upon Total Exoneration Or Unjustified Action:Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Justice Rongon Mukhopadhyay and Justice Deepak Roshan held that a suspended employee reinstated without full exoneration or a finding that the suspension was wholly unjustified is not entitled to difference between full pay and subsistence allowance for the suspension period. Further, the employee would only be entitled to...
No Right To Complete Tenure If Appointment Is Subject To 'Until Further Orders' : Supreme Court
The Supreme Court on Tuesday (April 28) observed that where an appointment order makes the tenure subject to “until further orders,” it does not confer an enforceable right on the employee to continue for the full term. A bench of Justice Prashant Kumar Mishra and Justice Vipul M. Pancholi upheld the Delhi High Court's decision affirming the curtailment of the appellant's tenure by...
Appeal Delay Under 1991 Police Rules Cannot Defeat Remedy Under 2007 Act: Uttarakhand HC Sets Aside Rejection Of Dismissed Constable's Plea
The Uttarakhand High Court has held that the limitation prescribed in the 1991 Rules for filing an appeal cannot be applied where it is inconsistent with the provisions of the Uttarakhand Police Act, 2007. The Court observed that rules framed under a repealed statute must give way to the provisions of the subsequent Act to the extent of inconsistency.Justice Manoj Kumar Tiwari was hearing a...
'Delay In Joining With Due Permission Cannot Deprive Employee Of Old Pension Scheme': Patna High Court
The Patna High Court has held that where delay in joining service is duly permitted by the authorities, such delay cannot be used to deny the benefit of the Old Pension Scheme (OPS), especially when the recruitment process was completed prior to the cut-off date.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by...
'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court
The Patna High Court has held that failure to supply documents relied upon in a departmental enquiry vitiates the entire proceeding, as it deprives the delinquent employee of a meaningful opportunity to defend himself, in violation of principles of natural justice.A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra was hearing an intra-court appeal challenging the...
Non-Issuance Of Integrity Certificate Doesn't Vitiate IPS Promotion Process, Grading On Comparative Merit Allowed: Telangana High Court
The Telangana High Court has held that non-issuance of an integrity certificate, though a procedural lapse, does not by itself vitiate an IPS promotion process under the Indian Police Service (Appointment by Promotion) Regulations. In doing so the court noted that the petitioner a State Police Service officer who had applied for promotion to the IPS, was independently assessed by the...
Uncommunicated 'Average' ACR Cannot Deny Promotion: Himachal Pradesh High Court Orders Elevation With Consequential Benefits
The Himachal Pradesh High Court held that denial of promotion on the basis of uncommunicated Annual Confidential Reports (ACRs) is arbitrary and violative of Article 14. Observing that even a single downgraded ACR, if not communicated, can adversely affect an employee's chances of promotion, the Court set aside the impugned order and directed that the petitioner be promoted to the post...
Fixed Term Employment: Contractualisation As A Tool For Fragmentation Of Labour Rights In India
The Regression From Status To ContractAs the Supreme Court's April 2026 ruling in Madan Singh v. State of Haryana effectively barricades the backdoor to permanency by denying regularisation to ad hoc employees hired without formal recruitment, the promise of security has transitioned from a legitimate expectation to legal mirage. As the Apex Court noted in D.N. Banerji v. P.R. Mukherjee, industrial disputes must be viewed through the standpoint of “status” and social justice rather than a mere...
Rejection Of Bid Despite Relevant Documents Arbitrary, Discriminatory: Allahabad High Court Stays Tender Process
Observing that the bid of the petitioner had been rejected despite providing relevant documents, the Allahabad High Court held that the decision-making process of the tendering authority was discriminatory. Thus, the Court stayed the entire tendering process and forbade the respondents from entering into any contract pursuant to the tender.Noting that the Court does not usually interfere...
Difference Between Permanent Disability & General Physical Debility Can't Be Blurred To Deny Jobs To Coal Workers Kin: Telangana High Court
The Telangana High Court has held that specific, measurable and permanent disabilities arising from injury or disease cannot be pushed into the residual category of “general physical debility” (a state of weakness or infirmity) under Clause 9.4.0 of the National Coal Wage Agreement (NCWA)-VI.In doing so the court granted relief to five medically invalidated Singareni workers and held...
Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court
The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his...
Appellate Authority Can't Enhance Punishment In Employee's Own Appeal Without Following Due Procedure: Rajasthan High Court
The Rajasthan High Court has held that an appellate authority under the disciplinary rules of an organisation cannot enhance the punishment in an appeal filed by the delinquent in his/her own interest. The bench of Justice Munnuri Laxman was hearing a petition challenging the order of the disciplinary authority as well as that of the appellate authority that enhanced the punishment of...











