Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC

Madras High Court: A single judge bench consisting Justice V. Lakshminarayanan allowed a civil revision petition against a District Munsif's order that refused to pass an injunction against TAW Footwear Division. The Munsif had rejected the plaint holding that the matter was an industrial dispute and fell exclusively within the Labour Court's jurisdiction. However, the court ruled that...

Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Jyotsna Rewal Dua, held that the direction to count the contractual service for pension requires the inclusion of annual increments for the relevant period in the pension calculation. Background Facts The petitioner was working as a Trained Graduate Teacher (TGT) on the contractual basis. Later his...

Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...

Similarly Situated Employees Under Same Employer Must Be Treated Equally: Manipur HC

High Court of Manipur: A Single Judge Bench of Justice A. Guneshwar Sharma directed the State of Manipur to absorb two Assistant Project Officers (APOs) as Project Officers (POs) in its Rural Development and Panchayati Raj Department. This rectified their initial absorption into a lower post. Considering the employees' prior promotion, the court held that their subsequent absorption into...

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant (Clerk Grade-II) (“Petitioner”) were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report.The bench of Justice Dinesh Mehta held that, “In the opinion of this Court,...

Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal. Background...

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits. Background Facts In 2019, School Education Department of the Government of West Bengal issued...

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. Therefore, the employee, who was illegally terminated, was allowed to continue her service. Background Facts The employee was appointed on probation for a period of...

Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC Revokes.

A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid. Background Facts The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District....

Supreme Court Rejects PSU's Plea Against Order To Include HRA & Other Allowances In Overtime Wage Calculation

The Supreme Court on Thursday (January 2) dismissed an SLP filed by PSU Munitions India Limited against an interim order of the Bombay High Court directing the implementation of a Central Administrative Tribunal (CAT) decision that mandated including certain compensatory allowances in the calculation of overtime wages under the Factories Act, 1948.A bench of Justice Vikram Nath and...

Person Officiated To Higher Post On Orders Is Entitled To Pay In That Cadre Even If Later Found To Be Ineligible: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an employee who was officiated to a higher post on official orders is entitled to the salary of that post, regardless of subsequent findings of ineligibility.A division bench of Justice Ravi Nath Tilhari and Justice Nyapathy Vijay passed the order in a writ petition challenging decision of the Central Administrative Tribunal, which had directed that...

ESI's Refusal To Reimburse Medical Expenses On Minor Technical Grounds Arbitrary: Kerala HC

Kerala High Court: A Single Judge Bench of Honourable Mr. Justice C.S. Dias of the Kerala High Court ruled against the Employees State Insurance Corporation (ESIC) in a medical reimbursement case. The court held that ESIC's refusal to reimburse expenses for an emergency liver transplantation on grounds such as non-submission of an 'emergency certificate' was hyper-technical and arbitrary....