Labour & Service
Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court
The Andhra Pradesh High Court has held that mere acquittal by a criminal court will not grant a right to the employee to claim reinstatement however if the charges in the departmental enquiry and the criminal court are similar and if evidence, witnesses and circumstances are the same, then the matter acquires a different dimension. A division bench of Justice R. Raghunandan Rao and Justice...
Eligibility Should Be Checked At Threshold, Not After Selection: Rajasthan HC Orders Appointment Of Asha Worker Denied Post Despite Selection
The Rajasthan High Court has direct the State authorities to appoint a woman to the post of Asha Sahyogini at Anganwadi Centre Mandela who was although selected but was denied the post by issuing fresh advertisement that too without cancelling the earlier selection process. Before the high court the respondents claimed that the petitioner is not eligible on the eligibility on the ground of...
No Mandatory Requirement Of Graduation Or Post-Graduation Prescribed By Govt For Post Of Anganbadi Karyakatri: Allahabad High Court
The Allahabad High Court has held that for appointment on the post of Anganbadi Karyakatri, whether the candidate has done graduation or has a post-graduation degree is irrelevant. It held that the merit list must be prepared based on the minimum qualification, i.e., High School and Intermediate qualifications, not graduate and post-graduate degrees.Petitioner approached the High Court...
Stigmatic: Allahabad High Court Quashes Food Corporation's Unilateral Order To Recover Alleged Excess Fee Paid To Empanelled Advocate
The Allahabad High Court has quashed orders issued by the Food Corporation of India for recovering alleged excess fees paid to an empanelled advocate, on the ground of violation of principles of natural justice.The Court held that the authorities had overstepped their jurisdiction in passing a stigmatic order which was depriving the petitioner of the compensation for the services he had...
Heirs Of Deceased Employee Shouldn't Be Denied Reimbursement Of Medical Bills On Technical Grounds Like Limitation: Allahabad High Court
While dealing with issue of reimbursement of medical bills, the Allahabad High Court has held that where there is entitlement of incidental benefits of service, the same should not be denied on grounds of delay and limitation in law.Petitioner, widow, approached the employer for reimbursement of the medical bills of her husband. Her claim was rejected as being barred by limitation....
Three-Day Absence During COVID Lockdown Not Justification For Compulsory Retirement; Kerala HC Reinstates Railway Employee With Full Benefits
Kerala High Court: A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar set aside the compulsory retirement of a Railway employee. As the only misconduct was unauthorized absence for three days during the pandemic, the court found the punishment to be grossly disproportionate. The court directed his immediate reinstatement with all consequential benefits, and ruled...
Order Of Termination Of Probationer Neither Dismissal Nor Removal Unless It Is Against Employee's Character Or Integrity: Allahabad High Court
The Allahabad High Court has held that an order of termination of a probationer is neither an order of dismissal nor removal unless there is something against his character or integrity, which would make it an order of punishment.Justice Saurabh Shyam Shamshery held“It is well settled that termination of services of a probationer under the Rules of the Employment or in exercise of...
Policy Decision Restricting Pension Benefits To Employees Retiring After Particular Cut-Off Period Not Illegal: J&K High Court
The Jammu and Kashmir High Court held that The employer is well within its rights to validly fix a cut-off date for introducing any new pension scheme or for discontinuing an existing scheme and same is not violative of Article 14.A bench of Justice Sanjeev Kumar & Justice Puneet Gupta said that government took a policy decision to introduce new pension scheme wherein the benefits was...
Government Employee Dying A Day Before 60th Birthday Is Deemed Under 60, Dependent Eligible For Compassionate Appointment : Calcutta HC
The Calcutta High Court bench comprising of Saugata Bhattacharyya, J. held that a government employee is deemed not to have completed 60 years of age if they die one day before their 60th birthday, therefore making their dependent eligible for compassionate appointment. Background Facts The petitioner applied for appointment on compassionate ground in a secondary school after death...
'For 20 Yrs He Was Sleeping': Rajasthan High Court Rejects Govt Employee's Plea Against 2002 Penalty Stopping Yearly Increments
Dismissing a government employee's plea challenging a penalty which stopped three annual grade increments as well as rejection of appeal and review petitions, the Rajasthan High Court observed that his plea was barred by delay of over two decades.Justice Anoop Kumar Dhand in his order said, "It appears that the petitioner was sleeping over the matter for more than two decades and all of...
Industrial Disputes Act | Sundays And Other Paid Holidays Taken Into Account For Treating Continuous Service Of Workman: Rajasthan HC
Rajasthan High Court has set aside the order of the Central Industrial Tribunal (“CIT”) that did not taken into consideration Sundays and other paid holidays while calculating the service period of a Bank of Baroda employee.The bench of Justice Anoop Kumar Dhand relied upon Section 25-B(2) of the Industrial Disputes Act, 1947, (the “Act”) as well as the Supreme Court decision in the...