Labour & Service
Repeated Extensions To Contractual Employees Creates Legitimate Expectation Of Regularisation: Himachal Pradesh High Court
The Himachal Pradesh High Court has upheld the regularization of contractual computer operators, holding that repeated extensions of service over a long period create a legitimate expectation of regularization, especially when the employees perform perennial and essential functions.A Division Bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi was hearing an...
Short Breaks In Continuous Service Won't Make Ad Hoc Employee Ineligible For Regularisation: Supreme Court
The Supreme Court has observed that mere short breaks in the ad hoc service would not affect the continuity in the service to render an employee ineligible for the benefit of regularization of service. A Bench of Justice Sanjay Karol and Justice Augustine George Masih set aside the Punjab and Haryana High Court's ruling, which had denied regularisation to the appellants, appointed as peons...
Tripura High Court Flags “Grave Procedural Impropriety” By State In Stalling ACP Benefits For HC Staff Approved By CJ
The Tripura High Court held that the State Government committed “grave procedural impropriety” by failing to act on a proposal approved by the Chief Justice to grant Assured Career Progression (ACP) benefits to Superintendents and Assistant Registrars facing stagnation. The Court observed that the Finance Department's decision to stall the proposal, without placing it before the Council...
Ad Hoc Employees Appointed Without Recruitment Advertisements Or Interviews Cannot Be Regularised: Supreme Court
The Supreme Court recently partly set aside a Punjab and Haryana High Court judgment which had quashed a set of Haryana government policies aimed at regularising contractual, ad hoc and daily wage employees. The Court upheld the validity of two notifications issued on June 16, 2014 and June 18, 2014, but struck down two notifications issued on July 7, 2014.A bench of Justice PS Narasimha...
Telangana High Court Upholds Removal Of CRPF Personnel For 'Grave Misconduct' Of Contracting Second Marriage Despite Subsistence Of First
The Telangana High Court has upheld the removal of a CRPF cook from service on charges of contracting a second marriage during the subsistence of his first marriage, holding that the departmental authorities had acted on sufficient material and that the petitioner had been given adequate opportunity in the enquiry.Justice Namavarapu Rajeshwar Rao observed:“The authorities finally came to...
Termination Without Enquiry, Followed By Post-Facto Revocation 'Unknown To Law': Rajasthan High Court Slaps Costs On State
The Rajasthan High Court has criticized the State's action in terminating a contractual employee without enquiry, followed by a post-facto enquiry lading to revocation of termination.The bench of Justice Munnuri Laxman observed that the entire procedure adopted by the concerned authority was unknown to law and had caused undue hardship and mental agony to the Petitioner. It thus imposed a cost...
Registrar Has Jurisdiction Over Removal Of Secretary Of Co op Society Being Statutory Officer : Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the Registrar of Co-operative Societies has jurisdiction under the Assam Co-operative Societies Act, 2007 to adjudicate a dispute concerning the removal of a Secretary/Chief Executive, as this office has a distinct statutory character and is not merely...
Rajasthan High Court Upholds Reinstatement Despite Alleged Illegal Appointment, Cites Violation Of Industrial Disputes Act Procedure
The Rajasthan High Court rejected petition challenging reinstatement of a daily wage worker who was alleged to have been appointed illegally, opining that non-compliance with mandatory procedure under the Industrial Disputes Act had to be followed for termination of the concerned employee. The bench of Justice Munnuri Laxman was hearing a petition filed by the Sarpanch, Gram Panchayat...
Rajasthan High Court Directs State To Consider Regularising Employee After 28 Years Of Service, Says Ad-Hoc Appointment Can't Defeat Claim
Rajasthan High Court granted benefit to an employee who despite having rendered services for more than 28 years, was not being considered for regularization by the government on the ground that his initial appointment was not towards any sanctioned post, but on an ad-hoc basis. The bench of Justice Anand Sharma observed that the State's plea of petitioner not being engaged on a sanctioned...
Once Reference Is Accepted, Should Be Decided On Merits: Rajasthan High Court Quashes Labour Court Order Rejecting Reference As Defective
The Rajasthan High Court set aside an order of the Labour Court which had dismissed a reference as defective after spending 20 years on its adjudication, opining that once a reference was accepted the Labour Court was duty bound to answer it on its merits.Justice Munnuri Laxman was hearing a plea wherein the petitioners had alleged that they were orally terminated from employment by...