Nature Of Duties Determines 'Workman' Status Under Industrial Disputes Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition that challenged an industrial tribunal's holding that an accountant was a 'workman' under the Industrial Disputes Act, 1947. The Court ruled that despite his accounting role, the workman primarily performed clerical functions without any supervisory or managerial authority. It explained...

Calcutta High Court Upholds Gratuity Entitlement Despite Corporate Insolvency Proceedings

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging an order directing the payment of gratuity to an employee. The court ruled that gratuity payments remain a statutory obligation even after a company undergoes Corporate Insolvency Resolution Process (CIRP). It held that Section 36(4)(a)(iii) of the Insolvency and Bankruptcy...

MACP Scheme Benefits Must Be Granted Along With Pension Benefits To Employees Who Got Deemed Extension Of Service Till 60 Years: Delhi HC

A Division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that MACP scheme benefits must be granted along with pension benefits to employees whose service is deemed to extend until 60 years.Background Facts The petitioners served in Central Reserve Police Force (CRPF). They had superannuated on attaining the age of 57 years. In...

Private Unaided Schools Are Subject To Writ Jurisdiction Under Article 226 If Service Conditions Are Governed By Statutory Provisions Like DSEAR, 1973 : Delhi HC

The Delhi High Court bench comprising of Justice Prateek Jalan held that a private unaided school is subject to writ jurisdiction under Article 226 of the Constitution if its service conditions are governed by statutory provisions like the Delhi School Education Act and Rules, 1973 (DSEAR). Background Facts The petitioner was appointed as a Post-Graduate Teacher in Chemistry in...

Employee Can't Be Denied Back Wages On Reinstatement When Rules Don't Provide 'No Pay' Punishment For Time Spent Out Of Service: Telangana HC

Reiterating that a punishment which is not provided in rules can't be imposed, the Telangana High Court set aside punishment of 'dies-non and no salary/ remuneration' resulting in non payment of back wages imposed on a physically handicapped co-operative bank employee for the period of time he was out of service. The court said this after noting that the relevant rules didn't provide for such...

Govt Can't Pass Interim Order Directing Payment Of Wages To Workmen Without Hearing Management, Workers Union: Karnataka HC

The Karnataka High Court has reiterated that the government cannot pass an interim order directing payment of wages in favour of workmen of a company without hearing the company management and the workers union.Justice Anant Ramanath Hegde held thus while allowing a petition filed by the Management of Mahindra Aerostructures Private Limited, challenging a June 11, 2024 order passed by...

Differentiating Employees For Transfer On Age Basis Reasonable; Elder Ones Have Family Responsibility, Health Issues: Punjab & Haryana HC

The Punjab and Haryana High Court has upheld the Online Transfer Policy, 2023 of Haryana Government for State Agriculture Marketing Board, challenged under Article 14 of the Constitution on various grounds including that the elderly employees are given preference for favourable transfers.Justice Jagmohan Bansal said, "The respondent has formed an opinion that employees with higher age should...

Penalty Of Withholding 100% Pension Gratuity By Disciplinary Authority Is Not Understandable: Karnataka High Court

The Karnataka High Court has come to the aid of a 73-year-old, cancer patient and former employee of Commissioner of Central Excise, Customs and Service Tax, by setting aside an order of the authorities withholding 100 percent of gratuity and pension due to him.Justice M Nagaprasanna allowed the petition filed by Hanumanth N Karkun and quashed the order passed by the authorities and directed...

Disproportionate: Rajasthan HC Quashes CRPF Constable's Dismissal For Entering Fellow Constable's Home When Only His Wife Was Present

The Jaipur bench of the Rajasthan High Court set aside termination of services of a CRPF constable who was found guilty of entering into the quarters of a fellow constable in the presence of only the latter's wife and young child, and trying to flee when he was asked to come out, on the ground that the imposed punishment was disproportionate.The bench of Justice Anoop Kumar Dhand held that...

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. She had...

Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court

The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...

Dependents Of Missing Employee, Entitled To Ex-Gratia Compensation After Seven Years Of Employee's Disappearance: Punjab & Haryana HC

The Punjab & Haryana High Court bench comprising of Justice Jagmohan Bansal held that dependents of a missing employee are entitled to ex-gratia compensation after seven years of the employee's disappearance. Background Facts The petitioner's father was working with Municipal Committee, Ambala as an Octroi Peon. He was about to retire on 31.10.1990. But he went missing...