Labour & Service
Compulsory Retirement Valid For Leaving Battalion Without Informing About New Address, Employer Cannot Launch 'Manhunt' For Employee: J&K HC
The Jammu and Kashmir High Court upheld the order of compulsory retirement from the service imposed upon the petitioner for his continuous absence from the battalion without permission for overstaying his leave for the period of 326 days.The petitioner, a CRPF constable, contended that the order issued by respondent No.3 was based upon an ex parte inquiry and that the petitioner has not...
Chairman Of Industrial Establishment Held Liable For Non-Compliance With Labor Court Order: Bombay HC
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...
Re-Evaluation Marks Can't Relate Back To Date Of Original Result For Ineligible Candidate To Claim Eligibility For Appointment: Rajasthan HC
The Rajasthan High Court rejected a petition filed by an candidate for appointment to the post of PT Instructor, who had cleared the qualifying exam only in "re-evaluation", the result of which was declared after the original result of the written exam for the post was conducted.Justice Anoop Kumar Dhand relied upon precedents to hold that the result of re-evaluation could not relate back to...
Internship Isn't Employment: Rajasthan HC Rejects Plea For Bonus Marks For Internship During Covid-19 To Seek Appointment As Nursing Officer
The Rajasthan High Court rejected a plea moved by various students pursuing diploma in General Nursing and Midwifery course, who had interned during Covid-19 pandemic period, and had thus sought bonus marks as provided to Covid Health Assistant (CHA) for appointment to the post of Nursing Officer.Justice Arun Monga opined that internship being an integral part of the academic curriculum,...
SRO Benefits Wrongfully Granted To Employee Cannot Be Recovered By Withdrawing Amounts From Salary: J&K High Court
The Jammu and Kashmir High Court held that if benefits under Self-Regulatory Organisation (SRO) scheme is wrongfully granted to the employee by the department without any fraud or misrepresentation played by the employee, the department is not at liberty to recover the same by effecting it from the salary of the employee or pensioner at any given point of time.The Appellant department...
Excess Payments To Employee Can't Be Recovered When There Was No Fraud Or Misrepresentation: Supreme Court
The Supreme Court has reiterated that excess payment made to an employee cannot be recovered if such payment was not on account of any fraud or misrepresentation on the part of the employee. Also, excess payment to the employee due to any wrong application of the rule or incorrect calculation on the part of the employer is not recoverable.A bench comprising Justice PS Narasimha and...
Payment Of Bonus Act | Workers Can't Be Denied Bonus Saying Factories Are Run By Charitable Trust : Supreme Court
The Supreme Court held that an entity running factories cannot deny bonus to workers on the ground that the factories are being run by a charitable trust.Observing that entitlement to bonus is a statutory right under the Payment of Bonus Act, 1965 (“Bonus Act”), the Supreme Court dismissed the plea of the factory management who resisted payment of bonus to its workmen citing its dependence...
No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court
Though over-qualification by itself is not a disqualification, there is no general rule that candidates with qualifications higher than the basic qualification required for a post must be preferred, observed the Supreme Court in a judgment delivered today.The Court observed that there is no straight-jacket rule that candidates with higher qualifications must be selected over those with...
Closure Of Hostel Mess During Covid-19 Didn't Scrap Post: Rajasthan HC Orders Private School To Reinstate Workers Terminated Without Process
The Rajasthan High Court directed reinstatement of hostel-mess workers of Bharatiya Vidya Bhawan Vidyashram school–run by the Bharatiya Vidya Bhawan educational trust–who were terminated without following the prescribed procedure, ruling that a decision to close the hostel mess did not amount to abolition of the post. In doing so the court underscored that procedure as per Section 18 of...
Art 311 Doesn't Mean Only Appointing Authority Can Initiate Disciplinary Action Against Govt Servant : Supreme Court
The Supreme Court reaffirmed that the appointing authority is not required to initiate disciplinary proceedings against a state employee. Referring to Article 311(1) of the Constitution, the Court clarified that while the appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action.Holding so, the bench of Justice Dipankar Datta and...
Rajasthan HC Orders Regularization Of Govt Employee Withdrawn Citing Educational Criteria Despite Favourable Court Orders, Fines ₹2 Lakh
The Rajasthan High Court has quashed an order withdrawing regularization of a government employee due to non-fufilment of educational qualification, after noting that the order was not only against the categorical directions of the court's division bench which was upheld by Supreme Court but also violated judicial precedents.In doing so the court found that the issue of the...
Appellate Authority Must Consider Prior Judicial Observations When Reconsidering Disciplinary Action: Kerala HC
Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed writ appeals challenging an order that remanded a disciplinary case back to the Appellate Authority for reconsideration. The court held that an Appellate Authority must properly consider prior judicial observations when reconsidering disciplinary action and cannot simply adopt a judicial...