Labour & Service
Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly
The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...
Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC
Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...
Disciplinary Proceedings Cannot Be Continued Beyond Time Limit Set By Courts Without Seeking Extension : Supreme Court
The Supreme Court today (April 23) held that when a fixed time is stipulated by a Tribunal or Court to conclude the disciplinary proceedings, continuation of such proceedings beyond that time could be illegal if no bona fide attempt is made to seek extension of time.A bench of Justices Dipankar Datta and Prashant Kumar Mishra also stated that if the Tribunal/Court fixes a time with a rider...
Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable
Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...
Transfer From CMO To Hospital's Deputy Controller A Reduction In Rank, Amounts To Deputation For Which Consent Is Needed: Rajasthan HC
The Rajasthan High Court quashed an order where a government employee serving as Chief Medical and Health Officer (CM&HO) Udaipur was transferred as Deputy Controller of District Hospital, Pratapgarh observing that it amounted to deputation for which the employee's consent is mandatory which was missing herein. In doing so the court set aside the single judge's order which had upheld...
Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court
The Jammu and Kashmir High Court has held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.The petitioners had argued that higher pay scale came to be granted to them without fraud or misrepresentation and therefore the respondent could not refix the salary in...
Bombay HC Finds Chairman Of Industrial Establishment Liable For Non-Compliance With Labor Court Order
Bombay High Court: A single judge bench of Justice Y. G. Khobragade upheld the issuance of criminal process against the Chairman of Kinetic Engineering Ltd., for failing to implement a Labor Court judgment. The court rejected the argument that a Chairman cannot be held responsible for compliance with court orders. The court clarified that persons in positions of control and supervision...
Employer Can't Alter Recorded D.O.B. Of Government Employee Beyond Prescribed 5-Year Period From Date Of Initial Appointment : Calcutta HC
The Calcutta High Court bench comprising of Aniruddha Roy, J. held that an employer cannot unilaterally alter the recorded date of birth of a government employee beyond the prescribed five-year limitation period from the date of joining. Background Facts The petitioner joined her employment in the year 1987 after submission of all the relevant records and documents. The...
Can't Cancel Appointments On Mere Allegation Of Discrepancies In Degrees Of Candidates: Rajasthan HC Forms Panel To Conduct Inquiry
The Rajasthan High Court formed a 3-member committee headed by the Secretary of the Rajasthan Staff Selection Board for conducting factual inquiry into the allegations against certain individuals regarding discrepancies in the degrees submitted by them at the time of appointment by the education department. Justice Dinesh Mehta in his order formed the committee observing that until the...
'Arbitrary': Rajasthan HC Orders Appointment Of Widow Who Was Denied Post Due To Pending Criminal Case Arising Out Of Matrimonial Issue
The Rajasthan High Court grants relief to a widow candidate who had successfully cleared the interview of the Rajasthan Administrative Services (RAS), but was denied appointment on the ground of pending criminal cases arising out of matrimonial discord.Justice Arun Monga held that despite pending criminal proceedings being a condition for ineligibility prescribed in a circular, the...