Power Of Review Under MP Civil Services Rules Must Be Exercised Within Six Months, Delayed Review Of Retired Officer's Exoneration Invalid: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sanjay Dwivedi invalidated the State's delayed review of a retired Sub Divisional Magistrate's exoneration in a departmental inquiry. The court held that the power of review under Rule 29(1) of the MP Civil Services (Classification, Control and Appeal) Rules, 1966, must be exercised within six months, and any review beyond...

Three-Year Limitation on Salary Arrears Claims Upheld: Bombay HC Restricts Teacher's Back Pay Despite Continuous Employment

Bombay High Court: A Division Bench comprising Justice Mangesh S. Patil and Justice Shailesh P. Brahme partially allowed a writ petition challenging an Education Officer's order regarding salary arrears, ruling that despite continuous employment, claims for salary arrears must be restricted to three years preceding the filing of the petition. The court, while acknowledging the...

In Absence Of Prayer Can't Grant Relief For Classification, When Claim Is For Regularization: MP High Court In Industrial Dispute Case

While setting aside an industrial court's order, the Jabalpur bench of the Madhya High Court observed that in a claim for regularization, the Industrial Court should not have granted the relief for classification which had not been prayed for by the workman. In doing so the court, reiterated the "basic difference" between regularization and classification, referring to the Supreme...

Secret Ballot Mandatory For Union Recognition In Railway Production Units; Madras HC Sets Precedent

Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan directed the Integral Coach Factory (ICF) to implement a Secret Ballot System for trade union recognition, replacing the existing Staff Council model. The Court found that the current system, which splits representation equally between management-nominated officials and...

Merger Into State Education Service Doesn't Nullify Previous Service Benefits: MP HC

Madhya Pradesh High Court: A Division Bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi upheld the rights of Shikshakarmi teachers to receive benefits equivalent to regular municipal employees. The Court ruled that teachers initially appointed under municipal rules in 1998-99 and subsequently merged into the state education service are entitled to all service...

Reasonable Time Limit Applies Even Without Statutory Limitation; P&H HC On Labor References

Punjab & Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal allowed Punjab and Sind Bank's petition challenging a labor reference order made after an 11-year delay. The Court ruled that criminal acquittal cannot revive a dismissed labor dispute, especially when approached after an unreasonable delay. Despite no statutory limitation period under Section 10...

Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights

Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...

Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can...

Ad Hoc Service Counts For Seniority When Properly Regularized; Gauhati HC

Gauhati High Court: A Division Bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita dismissed a writ appeal challenging the seniority claim of a school principal appointed initially on an ad hoc basis. The Court ruled that when ad hoc appointments are regularized following due selection processes, seniority must be counted from the initial appointment date. The Court...

Failure To Consider Counsel's Medical Condition And Passing Ex-Parte Order Violates Natural Justice Warrants Setting Aside Appellate Authority's Order: Kerala HC

Kerala High Court: A Single Judge Bench of Justice N. Nagaresh set aside the Appellate Authority's ex-parte order in a gratuity dispute between HDFC Bank and its former Vice President. The court found that the Authority's failure to grant reasonable adjournments despite valid medical certificates violated principles of natural justice. The case concerned whether “personal pay”...

Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC

Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...

Allahabad High Court Upholds Reinstatement As Standard Remedy, But Percentage Of Back Wages To Be Subject To Facts

The Allahabad High Court Bench comprising of Justice Chandra Kumar Rai heard a petition revolving around the dismissal of a bus conductor by the Uttar Pradesh State Road Transport Corporation (“UPRTC”). Here, the fairness of the disciplinary proceedings which led to the respondent's dismissal for allegedly allowing passengers to travel...