Labour & Service
CAT Quashes Discharge Order Against Retd J&K Govt Employee Over Alleged Misconduct For Multiple Marriages, Grants 50% Back Wages
In a major relief to a retired government employee, the Central Administrative Tribunal (CAT), Jammu Bench, has quashed a 25-year-old discharge order and directed the government to release 50% of back wages along with pensionary benefits.The case pertains to the discharge of the applicant from government service on for alleged misconduct involving contracting multiple marriages without...
Illegal Disciplinary Proceedings And Termination Of Services Of Co-op Bank Employee : Calcutta HC Sets Aside Order
Calcutta High Court: A single judge bench of Justice Partha Sarathi Chatterjee held that the disciplinary proceedings against a senior bank employee were conducted by officials who did not have the authority to do so. Consequently, the court also set aside his termination order. The court ruled that both the charge sheet and the termination order violated Rule 106 of the West...
Payment Of Gratuity Act Overrides Other State Pension Rules: Bombay HC
Bombay High Court: A single judge bench of justice MS Jawalkar held that the Payment of Gratuity Act, 1972 ('Act'), prevails over the Maharashtra Civil Services (Pension) Rules, 1982 ('MCS Rules'), unless a specific exemption is provided under Section 5 of the Act. The court clarified that the mere pendency of proceedings or any minor punishment under the latter, cannot justify...
Claim For Seniority Not Maintainable When Transfer Order Expressly Forfeits Prior Service: Himachal Pradesh High Court
Himachal Pradesh High Court held that a claim for seniority can't be sustained, where the terms of transfer clearly provide that previous service will not be counted for seniority purpose.Justice G.S. Sandhawalia and Justice Ranjan Sharma: “Once the condition provided that earlier seniority would be forfeited, the claim for seniority in future could not have been made. If such a course...
Gauhati High Court Directs Temporary Music Teacher To Seek Governor's Discretionary Powers For Qualifying Her Service For Pension
Gauhati High Court: A single judge bench of Justice Robin Phukan dismissed the petition for regularisation filed by a temporary music teacher, after serving for 18 continuous years. The court held that the claim was barred by res judicata as it was already adjudicated previously. However, the court provided another remedy: to approach the Governor to invoke discretionary powers under...
Cannot Withold Retirement Benefits For Crime Branch Clearance: J&K HC
High Court of Jammu and Kashmir and Ladakh: A single judge bench of Justice Rajesh Sekhri held that retirement benefits could not be withheld merely on the grounds of pending clearance from crime branch, especially when the FIR has been closed as 'not proved'. The court ruled that even when if the FIR investigations were pending, it does not amount to 'judicial proceedings', and thus,...
Daily-Rated And Casual Workers Must Be Counted While Determining Gratuity Act Applicability: Calcutta HC
Calcutta High Court: A single judge bench consisting of Justice Shampa Dutt (Paul) allowed the grant of gratuity to a former employee of Midnapur District Service-cum-Marketing & Industrial Cooperative Union Ltd. The court held that the union came within the scope of Section 1(3)(c) of the Payment of Gratuity Act, 1972. The court held that denying these dues after 34 years of...
'Sad, Shocking State Of Affairs': Delhi High Court Orders MP Govt To Release Retiral Benefits Of Deceased IAS Officer
The Delhi High Court recently expressed shock at the conduct of Madhya Pradesh government in “victimising” a deceased IAS cadre officer by withholding his retiral benefits of almost 7 years.A division bench of Justices Navin Chawla and Renu Bhatnagar observed that the officer was first victimized back in the year 2000, when he was misallocated Chhattisgarh cadre upon reorganization...
Voluntarily Abandoning Service Is Not Retrenchment: Bombay HC
Bombay High Court: A single judge bench consisting of Justice Anil L. Pansare set aside multiple Industrial Court orders that had directed the reinstatement and back wages of several employees. These employees were absent from duty without notice. The court held that prolonged absence despite repeated calls amounted to voluntary abandonment of service, and not termination. Thus, the...
Statutory Service Requirements Under Recruitment Rules Are Mandatory; Can't Be Overridden By Administrative Approvals : Himachal Pradesh HC
A Division bench of the Himachal Pradesh High Court comprising of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma, held that eligibility for promotion or recruitment through limited competitive examination must strictly comply with the statutory service requirement under the applicable service rules, and administrative approvals cannot override these mandatory...
Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High Court
The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.The petitioner had challenged the dismissal on the ground that the department had to wait for 2...
'Pay Minus Pension' Can't Be Retrospectively Recovered From Retd Doctors Due To AIIMS Jodhpur's Ignorant Attitude: Rajasthan High Court
In pleas by retired doctors “re-employed” by AIIMS Jodhpur against imposition “Pay minus pension” rule five years after their appointment orders were issued without such condition, the Rajasthan High Court slammed the hospital for being ignorant about the law applicable upon its employees.The court was hearing a batch of petitions filed by certain doctors as well as AIIMS Jodhpur...