Labour & Service
Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings.The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in a light or...
Courts Can't Interfere In Assessment By Reporting Officer In Absence Of Bias Or Prejudice Against Employee:Delhi High Court
A Division Bench of the Delhi High Court comprising Justices C.Hari Shankar and Anup Kumar Mendiratta partly allowed a writ petition seeking to set aside the order of the Central Administrative Tribunal that upheld the gradings given to the Petitioner in the ACR's by Reporting and Reviewing Officers. The Bench observed that while the Courts are required to consider and give weightage to...
Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC
Himachal Pradesh High Court: A Single Judge Bench of Justice Ajay Mohan Goel set aside the termination of a daily wage worker's services. The court noted that the termination was done under the guise of retrenchment following a preliminary inquiry. It upheld the Labour Court's finding that termination based on alleged misconduct without conducting a proper departmental inquiry...
Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC
Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed the writ petition filed by the Indian Institute of Management Calcutta (IIMC). The bench held that an Industrial Tribunal is the right forum to determine if IIMC was the principal employer. It further held that mere denial by IIMC was not sufficient to preclude a reference under the Industrial Disputes...
"Worked For 34 Yrs, State Wants To Play With His Life": Karnataka HC Directs Release Of Terminal Benefits For 70-Yr-Old Retired Teacher
The Karnataka High Court has come to the aid of a retired school teacher who has been fighting for his pension for the last 6 years. The court has directed the State Government and Rani Channamma University to release complete Death-cum-retirement benefits and encashment of privilege leave, including arrears of pension as claimed, within four weeks.Justice M Nagaprasanna allowed the...
Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date
Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology (“MNIT”) after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission.The bench of Justice Anoop Kumar Dhand also opined that there could...
Rajasthan High Court Grants Relief To Contractual Employee Who Was Given Only 2 Months Maternity Leave In 2008
While reiterating that discriminating between regular females employees and those on contractual basis, by denying complete 180 days of maternity leaves to the latter was violative of Article 14 and 21, Rajasthan High Court directed the State to pay additional salary (with interest @ 9% p.a.) of remaining period to the petitioner who was granted only 2 months' maternity leave when applied for...
All Pensioners Form A Single Class, & Classification Based On Cut-Off Date For Revised Pension Benefits Is Arbitrary & Violative Of Article 14: Chhattisgarh HC
The Chhattisgarh High Court bench comprising of Justice Rakesh Mohan Pandey held that differentiating pension benefits based on the retirement date (pre-2006 vs. post-2006) violates Article 14 of the Constitution as it creates an arbitrary classification without a justifiable relation to the objective of pension revision. Background Facts The pensioners of Government Colleges...
Can't Allow Candidates Who Contest For Diploma Post Despite Holding Degree To Be Transferred To Cadre Of Degree Holders: Rajasthan HC
Rajasthan High Court rejected petitions filed by employees of Department of Agriculture, Rajasthan (“State”) whose transfer from the cadre of Civil Engineers (Diploma Holders) to Civil Engineers (Degree Holders) was revoked, on the ground that such benefit under Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (“the Rules”) was not for a candidate who...
Remained Silent Till 2016: Rajasthan HC Modifies Order On Payment Of Benefits To Lecturer From 1998 When She Got PhD, Says She Caused Delay
The Rajasthan High Court modified an order passed by the State Non-Government Educational Institutions Tribunal which directed a college to grant two annual increments to an Economic lecturer from the date when she completed her Ph.D in 1998, after noting that the latter had raised demand for benefits only in 2016. In doing so the court observed when the lecturer did not make any...
Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court
The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act,...