Sleeping On Duty Is Misconduct; Employee's Past Service Record Relevant In Deciding Quantum Of Punishment: Bombay HC

Bombay High Court: A single-judge bench of Justice Sandeep V. Marne quashed a Labour Court's order directing reinstatement along with back wages to a worker dismissed for sleeping on duty. The High Court observed that while sleeping on duty was indeed a misconduct, the penalty of dismissal was disproportionate. It held that an employee's past record of service is relevant in deciding...

Employee Can't Be Terminated For Non-Disclosure Of FIR That He Was Not Aware Of: Allahabad High Court Reiterates

Relying on the judgment of the Supreme Court in Avtar Singh v. Union of India, Justice Neeraj Tiwari of the Allahabad High Court has held that a government employee cannot be removed from service for not disclosing that an F.I.R. was filed against them, if they themselves were not aware of the fact.“This Court is also of the same view that in case at the time of filing of affidavit...

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court

A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS (Leave) Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39(3) of the said Rules. The Petitioner was charge-sheeted for allegedly participating in a one-day protest and could not be denied the benefit of grant of Leave Encashment as no harm was...

Filing Of Affidavits Or Self-Serving Documents Insufficient To Prove Employer-Employee Relationship: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Milind Ramesh Phadke dismissed a petition filed by Ashok Singh Tomar. Tomar challenged the Labour Court's order that dismissed his claim for reinstatement and back wages after he was terminated. The High Court ruled that Tomar provided insufficient evidence to establish an employer-employee relationship. It noted that just...

Employer Has Right To Lead Evidence Even After Faulty Domestic Enquiry: MP HC

Madhya Pradesh High Court: A single bench of Justice Vivek Jain dismissed a petition filed by a workers' union against an award of Central Government Industrial Tribunal (CGIT). The award was passed in favour of a dismissed worker. He was dismissed on account of unauthorized absence and the CGIT had upheld his dismissal. The Court held that an employer can lead evidence before a tribunal...

Reports Forming The Basis For Determining EPF Dues Must Be Shared With Parties: Kerala High Court

Kerala High Court: A single bench of Justice N. Nagresh overturned the orders of the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in two writ petitions filed by Sree Narayana Guru Memorial Educational & Cultural Trust. These orders demanded the Trust pay alleged EPF dues. The court ruled that repeated factual errors, procedural issues, and the lack of a fair...

Burden Of Establishing 'Industry' Status In Employment Dispute On Petitioner: Delhi HC

Delhi High Court: A single judge bench of Justice Girish Kathpalia upheld a Labour Court's award that rejected a worker's claims for reinstatement. It held that the worker failed to prove that Holistic Child Development India (HCDI) qualified as an “industry” within the Industrial Disputes Act, 1947. The court also found no evidence that established an employer-employee...

Casual Workers Not Appointed Against Valid Sanctioned Post, Can't Be Regularized: Calcutta High Court

A division bench of Calcutta High Court comprising of Justice Debangsu Basak & Justice Md. Shabbar Rashidi held that the casual workers who were not appointed against a valid sanctioned post cannot be appointed on a regular post. Background Facts The appellant was appointed as casual driver on the basis of no work no pay at a fixed remuneration with effect from November 1,...

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC

A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C(2) of the I.D. Act, in absence of already determined liability of the employer to pay the retrenchment compensation. Background Facts The respondent joined petitioner-Corporation as Junior Engineer in the year...

Recruitment Rules Can't Be Applied Retroactively, Chhattisgarh High Court Sets Aside Employee's Termination Order

A single bench of Chhattisgarh High Court comprising of Justice Rajani Dubey held that the recruitment rules or guidelines cannot be applied retroactively to improperly terminate an employee from the post. Background Facts The petitioner was appointed on the post of Aanganbadi Karyakarta on 01.04.2007. She was working under the Department of Women and Child Development...

Cannot Apply 1989 Amendment Retrospectively And Issue Demand Notices Under ESI Act: P&H HC

Punjab and Haryana High Court: A single judge bench of Justice Pankaj Jain dismissed appeals filed by the Employees State Insurance Corporation (ESIC). It upheld the order by the ESI court exempting the Punjab State Electricity Board (PSEB) from paying ESI contributions for its Phagwara sub-station. It held that Section 1(6) was introduced in 1989 and could not be applied retrospectively...

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Background facts of the case The petitioner was originally in the Indian Air force (IAF). Later, he retired...