Labour & Service
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...
EPF Wage Ceiling Limit Revision Requires Active Consideration : Supreme Court Asks Union To Decide In 4 Months
Dealing with a public interest litigation, the Supreme Court recently allowed a litigant to approach the Union government with a representation for revision of wage ceiling limit under the Employees Provident Fund scheme.A bench of Justices JK Maheshwari and Atul S Chadurkar heard the matter and ordered that the respondent-government(s) take a decision within 4 months. The petitioner can file...
Exoneration In Disciplinary Proceedings Doesn't Bar Criminal Prosecution On Same Charge In All Situations : Supreme Court
The Supreme Court has held that exoneration of a public servant in departmental disciplinary proceedings does not automatically warrant quashing of a criminal prosecution, particularly in corruption cases arising from trap proceedings, reiterating that the two processes operate independently and on different standards of proof.A Bench comprising Justice Ahsanuddin Amanullah and Justice K...
'Rules Of Game Can't Be Changed Midway' : Supreme Court Sets Aside Midway Criteria Change In BPSC Asst. Engineer Recruitment
Reaffirming that the “rules of the game cannot be changed midway”, the Supreme Court on Tuesday (January 6) set aside the Patna High Court's decision which had upheld the State Government's mid-process amendment of recruitment rules, a move that adversely affected candidates who had qualified under the written examination. A bench of Justices JK Maheshwari and Vijay Bishnoi allowed the...