Labour & Service
Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...
Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic
The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...
Revisit Coast Guard Rules On Different Retirement Ages : Supreme Court To Centre
The Supreme Court today asked the Union Government to form an expert panel to revisit the service rules of the Indian Coast Guard which prescribe different retirement ages for different ranks.The Court also stayed the Delhi High Court order which struck down rules mandating that Indian Coast Guard Officers of the rank of Commandant and below would retire at 57, whereas officers above the rank...
Dying Declaration Lacking Medical Certification Unsafe For Conviction: Rajasthan High Court Acquits Man Booked For Setting Wife Ablaze
The Rajasthan High Court has acquitted a man convicted for his wife's murder by setting her on fire, in light of the fact that there was no medical endorsement on the dying declaration certifying that the deceased was conscious, oriented and in a mentally fit state to make a statement. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma further observed that...
Labour Courts Continue To Have Jurisdiction Till Tribunals Are Formed Under Industrial Relations Code 2020: Karnataka High Court
The Karnataka High Court has held that the Labour Courts, Tribunals and other statutory authorities functioning under the Industrial Disputes Act, 1947, will continue to exercise jurisdiction till the Tribunals are constituted and become functional under the Industrial Relations Code, 2020. The Court observed that in view of the amendment to Section 104 of the Code on 16.02.2026, the repeal...
Punitive Termination Cannot Be Passed Without Hearing; Misconduct-Based Discharge Violates Natural Justice: Karnataka High Court
The Karnataka High Court has held that termination of a punitive or stigmatic nature cannot be made without providing an effective opportunity of hearing or conducting a departmental inquiry. The Court observed that once an employee has entered service, even an order styled as termination cannot be sustained if it is founded on allegations of misconduct and passed without adherence to...
Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener
The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...
Rajasthan High Court Stays Order Treating Employee's 5-Year Absence As Voluntary Resignation
The Rajasthan High Court has stayed an order of the State government treating an employee's prolonged absenteeism as voluntary resignation, opining that the matter warranted interim protection in light of medical hardships faced by the employee. Justice Sameer Jain was hearing a petition challenging the order of the State that treated petitioner's willful absenteeism for approximately 5 years,...
Retrospective Regularisation Shall Not Confer Seniority: Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that seniority as a graduate teacher can be counted only from the date when the teacher possessed both the Graduate qualification and received the Graduate scale of pay. Further, the retrospective regularization cannot confer retrospective seniority. Background Facts...
Fixed-Term Appointments Made Through Due Process Are Not “Backdoor Entries”: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the regularisation policy of Fixed Tenure Appointees in Satluj Jal Vidyut Nigam Limited, holding that appointments made through a transparent and competitive process could not be characterised as “backdoor entries” merely because they were initially for a fixed term.A Division Bench of Justice Vivek Singh Thakur and...
Disciplinary Proceedings For Obtaining B.Ed Without Permission, Employee Can't Be Given Promotional Post : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that obtaining a degree without prior permission amounts to misconduct in violation of statutory conduct rules. Further, during the pendency of disciplinary proceedings, an employee cannot be given an in-charge promotional post, though the degree itself...










