Labour & Service
Will In Favour Of Any Person Doesn't Affect Compassionate Appointment Which Is Based On Dependence On Deceased: Allahabad High Court
The Allahabad High Court has held that there is no provision in the scheme of compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 which provides for determination of suitability based on will of the deceased. It held that compassionate appointment is granted based on dependence of the family member upon the deceased...
State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee
The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice...
General Provident Fund | Succession Certificate Not Necessary For Nominee To Collect PF Amount Above ₹5,000 : Supreme Court
The Supreme Court recently held that even where the General Provident Fund balance exceeds ₹5,000, a valid nominee is entitled to receive the amount without being required to first produce a succession certificate, probate, or letters of administration, and that insisting on such documents would render the concept of nomination otiose.“Consequently, this Court is of the view that in cases...
Compassionate Appointment Barred Where Co-Dependent Is Already Employed: Chhattisgarh High Court
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held that the compassionate appointment is governed by the policy in force on the date of the employee's death and cannot be granted where a dependent is already employed.Background Facts The deceased employee worked as a Subordinate Engineer with South Eastern Coalfields...
Different Age Criteria For Contractual And Regular Appointments Unconstitutional: Rajasthan High Court
The Rajasthan High Court has struck down Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (“2022 Rules”) as unconstitutional for being violative of Articles 14 & 16, as it prescribed 21 years as eligibility criteria for contractual recruitment to a post as compared to 18 years prescribed by Rajasthan Medical Health And Subordinate Service Rules, 1965...
Workers Hired Through Contractors Can't Claim Equal Status As Regular Employees : Supreme Court
The Supreme Court held that contractual workers engaged through third-party service providers are not entitled to equivalent employment benefits as regular employees, observing that such parity would undermine the foundational principles of public recruitment and transparent hiring processes. “If the persons who are employed through a contractor, and have come to work, are given equal...
Accepting Terminal Benefits Under EPF Forfeits State Pension Rights: Jharkhand High Court
A Division Bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar held that an employee who voluntarily switches to the EPF scheme, accepts all EPF/terminal benefits, and remains silent for years is estopped from later claiming pension from the State. Background Facts The employee was initially appointed as a Chowkidar in the Food...
Uncommunicated Adverse Entries In ACRs Can Be Considered For Passing Order Of Compulsory Retirement: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that the uncommunicated adverse entries in an employee's Annual Confidential Reports can be considered for passing an order of compulsory retirement. Background Facts The employee was appointed as a Process Writer in the District Court Establishment at Jagdalpur...
Employer Retains Right To Disciplinary Action Even After POSH Conciliation Settlement: Gauhati High Court
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that conciliation under Section 10(4) of the POSH Act bars only further inquiry by the Internal Complaints Committee and does not prevent the employer from initiating independent disciplinary proceedings under the service rules in light of new evidence to ensure a...
Lateral Movement Between Posts Carrying Same Grade Pay Not A Promotion: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad held that movements between posts with the same Grade Pay (like Goods Guard to Passenger Guard) are lateral inductions, not promotions. Therefore, such movements should not be counted against the limited number of MACP upgradations. Background Facts The...
Calcutta HC: Divorced Daughters Eligible For Family Pension If Proceedings Began Before Parent's Death
A Division Bench of the Calcutta High Court comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that a divorced daughter is entitled to family pension if she was dependent on the pensioner and that divorce proceedings were initiated during the pensioner's lifetime. Background Facts The deceased employee retired from South Eastern Railway in 1983. Later...
EPF Act | Quasi-Judicial Authority Can't Defend Its Own Order In Appeal By Stepping Into Shoes Of Party To The Lis: Telangana High Court
The Telangana High Court has held that Quasi-Judicial authorities under the Employees' Provident Funds and Miscellaneous Provisions Act cannot defend their own orders in appeal by stepping into the shoes of a party to the lis.The respondent (in the appeal) is an 'Employer' of an Establishment under section 2(e) of the Act. Proceedings were initiated against the employer under section 7A by...