Permanency Of Post Not To Be Granted Merely On The Completion Of Certain Days Of Service; But To Be Considered If Scheme Present For The Same:Bombay High Court

The Bombay High Court Bench of Justice Sandeep V Marne considered a petition against an order passed by the Industrial Court allowing Respondents grant of permanency as well as other benefits. The Court ordered that simply completion of 240 days of service is not enough to mandate permanent post, however, in case creation of permanency was in consideration, via scheme provision or...

Disabilities Can Be Attributed To Service In Army Due To Stressful Work Conditions, Delhi High Court Grants Disability Pension

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur attributed the disabilities of the Respondent to his Service considering that an Army Personnel undergoes rigorous work stress and strain. It upheld the order of the Armed Forced Tribunal stating that the Army personnel worked in a stressful and hostile environment and thus, presumably,...

Bombay HC Sets Guidelines For Reviewing Proportionality Of Industrial Disciplinary Action; Bars Use Of New Evidence From Assessing Proportionality Of Punishment

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare remanded the case of a dismissed worker back to the Labour Court, directing a fresh assessment of punishment proportionality based solely on existing evidence. The court ruled that while Mahindra and Mahindra could potentially justify harsher punishment for the alleged protest leader, the stark disparity between...

Dismissal For Theft Justified When Position Of Trust Is Violated, Reinstatement Not Automatic Remedy And Value Of Stolen Property Irrelevant: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne set aside the Labour Court's and Industrial Court's orders reinstating a security associate dismissed from JW Marriott for theft. The Court held that theft of hotel property by a security employee constitutes serious misconduct regardless of the value of stolen items, given their position of trust. The Court found...

Administrative Error In Pay Fixation Cannot Lead To Post-Retirement Recovery With Interest: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Sushrut Arvind Dharmadhikari quashed a recovery order seeking excess payments with interest from a retired Subedar. The Court held that recovery of excess payments from retired government employees, particularly when there is no misrepresentation or fraud, is impermissible after four years of retirement under Rule 9(4) of M.P....

Financial Constraints Cannot Override Constitutional Right To Equal Pension Benefits: Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that pre-2006 Assam Rifles retirees are entitled to revised pension benefits on par with post-2006 retirees. The court rejected the Union of India's financial constraints argument, holding that monetary considerations cannot justify violation of fundamental rights. Following Supreme Court precedents, the court...

Non-Joining Duty Vacancies Must Follow Original Roster System, Cannot Be Diverted To By-Transfer Category: Kerala HC

Kerala High Court: A Division Bench of Justices A. Muhamed Mustaque and P.M. Manoj set aside the Kerala Administrative Tribunal's orders directing Non-Joining Duty (NJD) vacancies in Non-Vocational Teacher (English) posts to be filled from the by-transfer category. The Court held that NJD vacancies arising after the expiration of the direct recruitment list must be renotified and...

ID Act | Labour Court Possesses Power To Issue Notice To A Party Which May Not Be Party To The Reference: MP High Court

The MP High Court at its Indore Bench has held that the Labour Court is possessed with the power to issue notice to a party which may not be a party to the reference.The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Binod Kumar Dwivedi observed, “Since reference has been made in earlier round of litigation which is registered as 11/ID/2024 and looking to the fact that...

No Right To Regularization For Casual Workers Without Proper Recruitment Process: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Chandra Dhari Singh ruled on petitions involving a PNB temporary worker's termination and regularization claims. The court upheld the Industrial Tribunal's finding of illegal termination but modified the relief from reinstatement to monetary compensation of Rs. 2.5 lakh. The court rejected the worker's regularization claim, citing...

Allahabad HC Imposes 25K Cost On State Govt After Senior Officer Acts As Enquiry Officer, Disciplinary Authority & Appellate Authority In Same Case

The Allahabad High Court has imposed a cost of Rs. 25,000 on the State of Uttar Pradesh as a senior State Officer acted as an Inquiry Officer, Disciplinary Authority as well as the Appellate Authority in case of disciplinary proceedings against an employee.Single bench of Justice Alok Mathur noted,“Sri Ajay Kumar Shukla [Secretary Election Anubhag, Lucknow], have acted himself in all the...

Monetary Compensation Can Substitute Reinstatement Even In Cases Of Illegal Termination: MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice G.S. Ahluwalia upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a terminated daily wage worker. The Court held that even when termination violates Section 25-F of the Industrial Disputes Act, reinstatement with back wages is not an automatic remedy. Drawing from Supreme Court...

Teachers Above 50 Years Entitled To Test Exemption For Headmistress Promotion Under KER Rule 45B(4); Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between...