Labour & Service
Stigmatic: Allahabad High Court Quashes Food Corporation's Unilateral Order To Recover Alleged Excess Fee Paid To Empanelled Advocate
The Allahabad High Court has quashed orders issued by the Food Corporation of India for recovering alleged excess fees paid to an empanelled advocate, on the ground of violation of principles of natural justice.The Court held that the authorities had overstepped their jurisdiction in passing a stigmatic order which was depriving the petitioner of the compensation for the services he had...
Heirs Of Deceased Employee Shouldn't Be Denied Reimbursement Of Medical Bills On Technical Grounds Like Limitation: Allahabad High Court
While dealing with issue of reimbursement of medical bills, the Allahabad High Court has held that where there is entitlement of incidental benefits of service, the same should not be denied on grounds of delay and limitation in law.Petitioner, widow, approached the employer for reimbursement of the medical bills of her husband. Her claim was rejected as being barred by limitation....
Three-Day Absence During COVID Lockdown Not Justification For Compulsory Retirement; Kerala HC Reinstates Railway Employee With Full Benefits
Kerala High Court: A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar set aside the compulsory retirement of a Railway employee. As the only misconduct was unauthorized absence for three days during the pandemic, the court found the punishment to be grossly disproportionate. The court directed his immediate reinstatement with all consequential benefits, and ruled...
Order Of Termination Of Probationer Neither Dismissal Nor Removal Unless It Is Against Employee's Character Or Integrity: Allahabad High Court
The Allahabad High Court has held that an order of termination of a probationer is neither an order of dismissal nor removal unless there is something against his character or integrity, which would make it an order of punishment.Justice Saurabh Shyam Shamshery held“It is well settled that termination of services of a probationer under the Rules of the Employment or in exercise of...
Policy Decision Restricting Pension Benefits To Employees Retiring After Particular Cut-Off Period Not Illegal: J&K High Court
The Jammu and Kashmir High Court held that The employer is well within its rights to validly fix a cut-off date for introducing any new pension scheme or for discontinuing an existing scheme and same is not violative of Article 14.A bench of Justice Sanjeev Kumar & Justice Puneet Gupta said that government took a policy decision to introduce new pension scheme wherein the benefits was...
Government Employee Dying A Day Before 60th Birthday Is Deemed Under 60, Dependent Eligible For Compassionate Appointment : Calcutta HC
The Calcutta High Court bench comprising of Saugata Bhattacharyya, J. held that a government employee is deemed not to have completed 60 years of age if they die one day before their 60th birthday, therefore making their dependent eligible for compassionate appointment. Background Facts The petitioner applied for appointment on compassionate ground in a secondary school after death...
'For 20 Yrs He Was Sleeping': Rajasthan High Court Rejects Govt Employee's Plea Against 2002 Penalty Stopping Yearly Increments
Dismissing a government employee's plea challenging a penalty which stopped three annual grade increments as well as rejection of appeal and review petitions, the Rajasthan High Court observed that his plea was barred by delay of over two decades.Justice Anoop Kumar Dhand in his order said, "It appears that the petitioner was sleeping over the matter for more than two decades and all of...
Industrial Disputes Act | Sundays And Other Paid Holidays Taken Into Account For Treating Continuous Service Of Workman: Rajasthan HC
Rajasthan High Court has set aside the order of the Central Industrial Tribunal (“CIT”) that did not taken into consideration Sundays and other paid holidays while calculating the service period of a Bank of Baroda employee.The bench of Justice Anoop Kumar Dhand relied upon Section 25-B(2) of the Industrial Disputes Act, 1947, (the “Act”) as well as the Supreme Court decision in the...
Dismissed Police Officer Not Entitled To Pension Despite Long Service: P&H HC
Punjab and Haryana High Court: A single judge bench of Justice Jagmohan Bansal dismissed a petition seeking pensionary benefits for a dismissed police officer. The court held that under Punjab Civil Services Rules and Punjab Police Rules, an employee dismissed from service is not entitled to pension regardless of length of service. The court clarified that Rule 2.5 of Punjab Civil...
Retired Employee Entitled To Interest On Delayed Retirement Benefits After Exoneration In Departmental Inquiry: Bombay HC
Bombay High Court: A Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe ruled in favor of a retired Municipal Corporation employee, directing payment of interest on delayed retirement benefits. The court held that when retirement benefits are withheld due to pending inquiry and the employee is subsequently exonerated, interest becomes payable from the date following...
Land Transfer During Amalgamation Doesn't Create Statutory Rights For Retrenched Workers Under Industrial Disputes Act: P&H HC
Punjab and Haryana High Court: A Division Bench of Justices Sudhir Singh and Sukhvinder Kaur dismissed 12 appeals challenging an order that had denied the reinstatement of the workers of a closed corporation. The court held that contractual workers appointed for a short duration following a failed amalgamation scheme, cannot claim reinstatement rights under the Industrial Disputes Act....