Labour & Service
Rajasthan High Court Issues Guidelines On Suspension Of Govt Employees Where Disciplinary Proceedings Are Contemplated, Pending
The Rajasthan High Court issued guidelines to be followed by competent authorities/State's head of departments in cases where delinquent employees were suspended either in contemplation of or pending departmental proceedings under Rule 13 of the Rajasthan Civil Services (Classification, Control, and Appeal) Rules.Justice Arun Monga directed the State to ensure that all the competent...
Loading, Maintenance And Pay Loader Workers Not Short Period Employments, Entitled To Provident Fund Under EPF Act: Andhra Pradesh HC
The Andhra Pradesh High Court has held that employees engaged by security agencies for the purposes of loading and unloading, office or factory maintenance and Pay Loader work are covered by the definition of 'employee' under Section 2(f) of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (“EPF Act”) and are entitled to the Provident Fund.A Division Bench of the...
Fresh Disciplinary Enquiry After Submission Of Enquiry Report Impermissible: Patna HC
Patna High Court: A single judge bench of Justice Arvind Singh Chandel set aside an order for fresh disciplinary enquiry against a government servant, finding it impermissible under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The court held that after submission of an enquiry report, the disciplinary authority has limited options and cannot start a...
Indian Army's Core Function Of National Security Is A Sovereign Function, Cannot Be Categorized As 'Industry': J&K High Court
The Jammu and Kashmir High Court ruled that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court, which had ruled in favor of the writ petitioners serving as porters in the Indian Army, ordered their reinstatement with full back wages, had no jurisdiction to entertain the case.The court said that it was not the case of the writ petitioners that their role...
Transfer Policies Are Administrative Guidelines, Not Enforceable Rights; Voluntary Retirement Can't Be Withdrawn After Acceptance: P&H HC
Punjab and Haryana High Court: A Single Judge Bench of Justice Deepak Gupta dismissed writ petitions filed by Babita Kaushal against Punjab Gramin Bank. The court held that transfer policies are merely administrative guidelines and do not create enforceable rights. It ruled that once an employee opts for voluntary retirement, they cannot withdraw the request after it's accepted by...
Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC
Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. In case such authorities were different for all employees, the jurisdiction of one could not be snatched...
In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC
A division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An advertisement for 57 posts...
Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC
The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry...
Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC
Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees...
MP High Court Clarifies Distinction Between Original And Absorbed Janpad Panchayat Employees For Pension Eligibility
Madhya Pradesh High Court: A Division Bench of Justices Suresh Kumar Kait (Chief Justice) and Vivek Jain dismissed an appeal against a Single Judge's order. The court ruled that a Janpad Panchayat employee who failed to establish his absorption from the previous Janpad Sabha is not entitled to pension benefits. The court held that only employees of Janpad Sabha absorbed into Janpad...
Leave Encashment Is A Constitutional Property Right; It Cannot Be Denied Without Specific Statutory Authority: Karnataka HC
Karnataka High Court: A single judge bench of Justice M. Nagaprasanna declared that an employee dismissed from service is entitled to leave encashment, as it constitutes a property right under Article 300A of the Constitution. The court held that the Karnataka Gramina Bank refusing to pay leave encashment to a dismissed employee was illegal. It emphasized that once earned, terminal...
Resignation Of Employee Can't Be Accepted Retrospectively If It Is Withdrawn Before Acceptance: Punjab & Haryana High Court
The Punjab & Haryana High Court made it clear that resignation of an employee cannot be accepted retrospectively if the resignation is withdrawn before the acceptance.Justice Harsimran Singh Sethi said, "Once, a resignation which is sought to be accepted had already been withdrawn by the petitioner, there was no jurisdiction with the authority concerned to accept the same with...