State's Delay In Creating Posts, Can't Deny Regularization Rights To Contractual Employees: Himachal Pradesh High Court

Himachal Pradesh High Court held that State's delay in creating posts, can't defeat the contractual employees right to regularization once they fulfill the prescribed period of service under the State's regularization policy.Justice Satyen Vaidya: “Thus, had the posts been created within reasonable time, the petitioners would have been eligible for regularization even in terms of...

Once Candidates Are Absorbed On Regular Posts, Irregularity In Initial Appointments Is Deemed To Have Been Cured: Allahabad High Court

The Allahabad High Court has held that once the appellants-employees were absorbed against vacancies in regular posts, any irregularity which would have existed at the time of their initial appointment would be deemed to have been cured.While dealing with subseqeunt termination of employees due appointments being made on unsanctioned posts, the bench of Justice Siddhartha Varma and Dr....

Burden Lies On Employee To Justify Claim Under 'Equal Pay For Equal Work' Principle: Himachal Pradesh High Court

Himachal Pradesh High Court held that when an employee seeks the benefit of principle of equal pay for equal work, it is their duty to submit relevant data to support the claim.Justice Satyen Vaidya: “In order to seek benefits of principle of equal pay for equal work again, the petitioner was required to justify his stand by producing the relevant data” Background Facts:The...

CCS Pension Rules | Withdrawal Of Premature Retirement Notice Permissible Before Effective Date: Himachal Pradesh High Court

Himachal Pradesh High Court ruled that under Rule 43(6) of the Central Civil Services (Pension) Rules, 1972, an employee may withdraw a notice of premature retirement before it becomes effective, subject to the specific approval of the competent authority and upon giving valid reasons.“Rule 43(6) of the CCS (Pension) Rules, 1972, specifies that a government servant who has opted for...

[Employees Provident Fund Act] No Appeal Lies Against Rejection Of Review Plea, Writ Petition Is Maintainable: Allahabad High Court

Relying on its earlier decision in Chandra Shekhar Azad University of Agriculture and Technology Vs. Regional Provident Fund Commissioner-II and Another, the Allahabad High Court has reiterated that a writ petition would be maintainable against the order in review under Section 7-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 as no statutory appeal is provided...

Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring...

ESI Contribution, Can't Exempt Establishment Based On Pvt Insurance And Not Having Local Dispensary: AP HC

Andhra Pradesh High Court: A single judge bench of Justice Nyapathy Vijay held that the mere absence of an ESI dispensary nearby cannot exempt an establishment from liability under the Employees' State Insurance Act, 1948 (“ESI Act”). The court clarified that only the appropriate govt is empowered to grant such exemptions under Section 87 of the Act, and that such exemptions ought...

Recognized Institution Bound By Mandate On Removal Of Employees Under Non-Govt Educational Institutions Act: Rajasthan High Court

The Rajasthan High Court has said that if any part of an institution was receiving a grant, then the entire institution shall be treated as aided and even if the grant was not received for a particular post, employees on such posts are entitled to protection from removal under State Non-Government Educational Institutions Act and relevant rules.Justice Anand Sharma further opined...

Jammu & Kashmir High Court Quashes Seniority Benefits For Rehbar-E-Taleem Teachers Prior To Regularization Of Services

The Jammu and Kashmir and Ladakh High Court has held that seniority of ReT (Rehbar-E-Taleem) teachers must be reckoned from the date of appointment as a general line teacher and the pre-regularization period of five years will not be included for the purpose of fixing seniority.The appellants had challenged the government order whereby the period of service of ReT teachers prior to...

When Two Procedures Exist Under Standing Orders, Management May Select Either Unless Mala Fide Proven: Allahabad HC

Allahabad High Court: A single judge bench of justice Brijraj Singh dismissed a writ petition, holding that Hindustan Aeronautics Limited (HAL) properly followed their Standing Orders by striking off the employee's name following his unauthorised absence. The court found that the employee was given adequate opportunity through show cause notices, and that the petition suffered...

Death Gratuity Of Deceased Employee Can Be Attached In Execution Proceedings Against Legal Heirs As It Forms Part Of Estate: Delhi HC

Delhi High Court: A single judge bench of Justice Ravinder Dudeja held that the gratuity that remains unreleased at the time of an employee's death, becomes part of his estate. The court confirmed that this can also be attached against decrees passed against their legal heirs. The court clarified that Section 60(g) of the Civil Procedure Code, 1908, only protects gratuity if it is...

Punishment Of Censure, Claim For Promotion During Disciplinary Proceedings Rightly Rejected : Calcutta Hc

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that employee against whom disciplinary proceedings were pending at time of recommendation for promotion can be granted promotion only prospectively after the conclusion of proceedings. Background Facts A disciplinary proceeding was initiated by...