BSF Court Of Inquiry Can Proceed Alongside Criminal Trial : J&K high Court

A Division Bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that preliminary Court of Inquiry under BSF Rules is merely a fact-finding exercise and it can proceed during pendency of a criminal trial. It does not amount to parallel departmental proceedings or cause prejudice to the accused employee. Background Facts...

Employees Selected In Same Recruitment Process Can't Be Given Different Pay Based On Joining Date: Rajasthan High Court

The Rajasthan High Court has held that candidates who have been selected, appointed and joined their services in the same recruitment process cannot be discriminated in the matter of pay fixation, merely on the basis of joining dates.The bench of Justice Chandra Shekhar Sharma was hearing petitions filed by school lecturers alleging that the State was discriminating in the pay scale of...

Employee Governed By CCS Pension Rules Can't Claim Gratuity Under Payment Of Gratuity Act : Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that an employee governed by statutory rules providing for gratuity (such as CCS (Pension) Rules) is excluded from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, and therefore cannot claim gratuity under the 1972 Act. Further it was held...

Fixed-Term Employment Paradox: Workers' Security Vis-a-Vis Employers' Flexibility Under New Labour Code

With the four new Labour Codes, India's labour law framework has introduced one of the most significant reforms by formally recognizing the Fixed-Term Employees (“FTEs”). They are one of the most relied workforce categories under the flexible staffing models.As per Section 2(34) of the new Code on Social Security, 2020 (“CSS”), an FTE is any employee who has been engaged directly by the employer through a written contract, for a pre-determined period. Therefore, the employment of the FTE...

Son's Right To Compassionate Appointment Cannot Be Defeated By Parents' Divorce Or Appointment Of Father's Second Wife: Rajasthan HC

While granting the relief of compassionate appointment to the respondent, Rajasthan High Court held that denial of such appointment merely on the ground that after his parents divorce the respondent was not residing with the deceased employee and thus was not dependent on him, was clearly untenable. The division bench of Acting Chief Justice Sanjeev Prakash Sharma, and Justice Baljinder...

Trial Court Can't Assume Interview Committee's Role, Direct Appointment Of Govt School Teacher 11 Yrs After Merit List: Gujarat High Court

Holding that civil court cannot reassess interview marks or direct appointment to a public post, the Gujarat High Court quashed concurrent judgments of the Trial Court and First Appellate Court which had directed appointment of a primary school teacher nearly 11 years after the declaration of merit list.A Single Judge Bench of Justice J.C. Doshi observed: “If we peruse paragraph Nos. 12 to...

Rajasthan High Court Flags 'Near-Zero' Cut-Off; Says State Must Ensure Minimum Standards Even For Reserved Categories

The Rajasthan High Court expressed shock and raised concern about standard in public employment while hearing a petition by a candidate for Class-IV teachers. He was aggrieved by the rejection of his candidature since he received negative marks in the qualifying exam, when no minimum qualifying marks were prescribed by the State. The bench of Justice Anand Sharma observed that as the...

Employees' Compensation Act Claim Cannot Be Rejected Merely Because Disability Certificate Was Issued By Non-Treating Doctor: Bombay HC

The Bombay High Court has held that an application for compensation under the Employees' Compensation Act, 1923, cannot be rejected solely on the ground that the disability certificate was issued by a doctor who did not attend to the injured workman. The Court observed that the Act only requires the certificate to be issued by a “qualified medical practitioner” and does not mandate that...

'Spent Prime Of His Youth In Court Corridors': Orissa HC Raps State For Removing Teacher On Same Grounds After Reinstatement

'What is State without justice, but a band of robbers…,” the Orissa High Court quoted Jeremy Bentham as it castigated the State and its officials for making a teacher belonging to Scheduled Caste (SC) community to fight multiple litigations challenging his illegal removal from the post for the second time on a non-applicable ground, notwithstanding his earlier reinstatement.The Division...

Jharkhand HC Upholds Labour Court's Power To Modify Punishment Even After Fair Enquiry, Grants Full Back Wages To Deceased Workman's Heirs

The Jharkhand High Court has held that even where a domestic enquiry is found to be fair and proper, the Labour Court/Industrial Tribunal is not barred from examining whether the punishment imposed is disproportionate, and may mould the relief under Section 11A of the Industrial Disputes Act, 1947.A Single Judge Bench of Justice Deepak Roshan was hearing a writ petition filed by the...

'Never Bothered About Fate Of School Children': Orissa High Court Upholds Removal Of Teacher For 7 Yrs Unauthorized Absence

The Orissa High Court has recently upheld a single bench order which had confirmed the disengagement/removal order passed against a female school teacher, on the ground of her unauthorised absence from duty for more than 7 years.While expressing disinclination to interfere with the impugned order, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash emphasised...

Accepting Alternative Cadre Promotion Without Protest; Can't Challenge Juniors' Elevation In Parent Cadre : J&K HC

A Division Bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that an employee who accepts promotion to a different cadre without challenging the promotions of his juniors in a parallel cadre, when the employer had relaxed the qualifications for others based on seniority, cannot subsequently seek retrospective parity...