Labour & Service
Section 25F, Industrial Disputes Act; Actual Acceptance Of Compensation Not Required For Compliance: MP HC
Madhya Pradesh High Court: A single judge bench of justice Maninder Bhatti dismissed two writ petitions filed by daily wage workers (gardeners) challenging their termination. The workers argued that their employer had not followed the procedure mentioned under Section 25F of the Industrial Disputes Act, 1947, before terminating their services. However, the court held that...
Clubbing Stay Of Employee At Different Postings For Transfer Purposes Doesn't Violate Definition Of “Transfer” Under State Rules: HP High Court
The Himachal Pradesh High Court has held that clubbing the period of stay for the transfer of employees does not violate the State's Transfer Policy or the statutory rules governing transfers. In holding thus, the court overruled an earlier conflicting judgment in Anurag Chadha v. State of Himachal Pradesh, 2023.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “We are at a...
Gazette Notification Is Mandatory Under CCS Rules For Recognition Of Name Change To Claim Family Pension : Calcutta HC
A single judge bench of the Calcutta High Court comprising Justice Shampa Dutt (Paul) held that a Gazette notification is mandatory for recognition of a name change of a government employee or their family member for pensionary benefits. Further affidavits and newspaper publications alone are insufficient to meet this procedural requirement. Background Facts The petitioner's...
'Govt Employees With Political Connections Not Being Given Hard/Tribal Postings Despite State's Transfer Policy': HP High Court
The Himachal Pradesh High Court has directed the State to ensure that transfers are made strictly in accordance with the transfer policy of the Government of Himachal Pradesh. The court emphasised that every government employee should be posted to a difficult area once during their service and that such postings should not be influenced by political relations.Justice Sandeep Sharma:...
Natural Justice Must Be Followed Even For Temporary Or Contractual Employees: Himachal Pradesh High Court
Himachal Pradesh High Court: A single judge bench consisting of Justice Sandeep Sharma set aside the suspension order of a data entry operator. The court ruled that a proper inquiry and show cause notice is mandatory before suspending an employee for misconduct. The court further clarified that natural justice principles must be followed even for temporary or...
Payment Of Gratuity Act Applies To Zilla Parishad Employees: Bombay HC
Bombay High Court (Nagpur Bench): A single judge bench of Justice M.S. Jawalkar held that the Payment of Gratuity Act, 1972, applies to Zilla parishad employees. However, the court explained that Section 4(6) of the Act allows the withholding or forfeiture of gratuity if an employee faces criminal proceedings that involve moral turpitude. Background Pradeep Pokale retired from...
Industrial Disputes Act; Section 33(C)(2) Only Applies If Entitlement Is Established Through Undisputed Evidence: Bombay HC
Bombay High Court: A single judge bench of the Bombay High Court (Aurangabad Bench), consisting of Justice Prafulla Khubalkar dismissed a challenge to a labour court award that provided overtime wages with interest to retired employees. The court held that an employees' right to overtime wages was a pre-existing statutory right under Section 59 of the Factories Act, 1948, and that it can...
Reinstatement Not Automatic Remedy For Illegal Termination, Court Awards Lumpsum Compensation; MP HC
Madhya Pradesh High Court: A single judge bench consisting of Justice Milind Ramesh Phadke denied reinstatement to a contractual employee who worked for the Madhya Pradesh Madhya Kshetra Vidyut Vitaran (MPMKVV). The court explained that reinstatement is not the automatic consequence of illegal termination, especially if it involved a daily wage...
Guest Faculty Not Workman Under Industrial Disputes Act: Calcutta HC
Calcutta High Court: A single judge bench of the Calcutta High Court consisting of Justice Shampa Dutt (Paul) dismissed a challenge to an industrial tribunal's award. The court explained that a guest faculty who was paid honorariums for specific sessions, cannot claim the status of 'workman' under the Industrial Disputes Act, 1947. Background Hansraj Koley worked with UCO RSETI,...
Payment Of Gratuity Act; Controlling Authority Cannot Deny Interest On Delayed Gratuity: Calcutta HC
Calcutta High Court: A single judge bench of the Calcutta High Court consisting of Justice Shampa Dutt (Paul) directed the Food Corporation of India ('FCI') to pay the statutory interest on delayed gratuity to an employee. The court held that under Section 7(3A) of the Payment of Gratuity Act, 1972, the controlling authority has no discretion to deny interest on the delayed payment...
Cross-Examination By Enquiry Officer For Clarifications From Witness Does Not Vitiate Enquiry Proceedings : Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, held that an Enquiry Officer can do Cross-Examination and seek clarifications from witnesses during enquiry proceedings and it would not render the enquiry proceedings void. Background Facts The petitioner was working as Constable in the Chhattisgarh...
Every Individual Has Fundamental Right To Career Progression, Resignation Or Request For NOC Can't Be Denied Arbitrarily : Himachal Pradesh HC
The Himachal Pradesh High Court bench comprising of Justice Jyotsna Rewal Dua held that an unwilling employee cannot be compelled to continue in service merely on the ground of staff shortage; every individual has a fundamental right to career progression, and resignation or request for NOC cannot be denied arbitrarily, especially when applicant is willing to serve the State as a...