Criminal Conviction Necessary For Forfeiture Of Employee's Gratuity: Delhi High Court

Recently, a Division Bench comprising of Justice Suresh Kumar Kait and Justice Girish Kathpalia considered an appeal pertaining to the issue of alleged "moral turpitude" of an employee of Punjab National Bank (“Bank‟) under the Payment of Gratuity Act, 1972, and also, whether the Bank was justified in forfeiting the gratuity without a criminal conviction. The Division Bench upheld...

ISRO Administrative Officer Post, Selection Not Arbitrary, Candidates Participated Without Any Challenge To Process, Can't Question Later; Delhi High Court Reiterates

The Delhi High Court has dismissed a Petition filed against the order passed by the Central Administrative Tribunal (CAT). The petitioner had challenged the results finalized by the ISRO against the post of Administrative OfficerA division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that candidates can't challenge the recruitment process or results if they did not raise...

Writ Petition Not Maintainable Against Labour Court Order Under Workmen's Compensation Act: Jharkhand High Court

The Jharkhand High Court has ruled that a writ petition filed against an order passed by the Labour Court under the Workmen's Compensation Act is not maintainable.The above ruling came in a writ petition which was filed challenging a 2017 judgement passed by the Presiding Officer, Labour Court, Deoghar in a Workmen Compensation case. The Labour Court had directed the petitioner, Sanjay Karpri,...

Mere Grant Of Prosecution Sanction Against Central Govt Employee Not Reason To Put DPC Recommendations In Sealed Cover : Supreme Court

The Supreme Court has held that the mere grant of prosecution sanction against a Central Government employee is not a reason to put the recommendations of the Departmental Promotion Committee (DPC) in a sealed cover.The Court stated that by the mere grant of prosecution sanction, it cannot be said that the prosecution for a criminal charge so as to adopt the sealed cover procedure regarding...

Gujarat High Court Upholds Award Passed By Industrial Tribunal Based On Principle Of 'Equal Pay For Equal Work'

A division Bench of the Gujarat High Court comprising of Justices A S Supehia and Mauna M Bhat of the Gujarat has held that if employees who perform similar duties as their colleagues aren't given benefits such as allowances attached to a pay structure, it will be discriminatory and against the principle of 'equal pay for equal work'.Background:A settlement was entered into between...

Sanctioning Authority Must Record Findings Based On Attending Circumstances To Prove Employee's Misconduct: Rajasthan High Court

Rajasthan High Court has ruled that to exercise the powers under Rule 170 of the Rajasthan Services Rules, 1950, (“the Rules”) the punishing authority cannot merely rely upon the findings of the enquiry officer but is obliged to record a finding clearly mentioning the circumstances that led to his/her satisfaction that the act of the accused constituted grave misconduct or...

Before Finalizing A Contract, Contractual Labourers Must Be Given An Opportunity Of Being Heard As Per Principles Of Natural Justice, Karnataka High Court

The Bengaluru Bench of Karnataka High Court has directed Hindustan Aeronautics Ltd, (appellant in the writ appeal) to revise the “Comprehensive Contract” in a manner accepted by law and to communicate it to the HAL Contract Workers' Association (respondents in the writ appeal).HAL was instructed to issue a preliminary notification to consider objections from people who might be...

Seniority Of Casual Labourers To Be Reckoned From Regular Appointment, Not From Date Of Screening/Temporary Status: Gauhati High Court

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding writ petitions held that the seniority of casual labourers who are later absorbed in permanent cadre must be reckoned from the date of regular appointment and not from the date of screening or temporary status.Background FactsThe workmen were initially employed by the Northeast Frontier...

Injury Sustained While Undergoing Basic Training Attributable To Service Conditions, Employee Eligible For Disability Pension: Meghalaya High Court

A single judge bench of the Meghalaya High Court comprising of Chief Justice H.S. Thangkhiew, while deciding a writ petition held that if an employee sustained an injury while undergoing basic training, it is attributable to the service conditions and therefore, employee is eligible for the disability pension.Background Facts The employee was recruited into the Assam Rifles on March 12,...

Regularising Workers Who Were Not Appointed Following Due Procedure Amounts To 'Back Door Entry': Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that workers who are not appointed following the official procedure prescribed for appointing a regular employee cannot be regularised as the same would amount to legalising the "Back door entry."Justice Jagmohan Bansal said, "It is crystal clear that employees who have not been appointed after following procedure prescribed for...

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher (“petitioner”) on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect.The bench of Justice Vinit Kumar Mathur held that the seriousness of the offence for which the petitioner...

Pension Regulations For Army Applicable To Defence Security Corps Service, Delhi HC Allows Condonation Of Shortfall In Service For Pension Benefits

A division bench of the Delhi High Court comprising of Justice Rekha Palli & Justice Shalinder Kaur, while deciding a writ petition held that the Pension Regulations for the Army, 1961 are also applicable to DSC service, hence allowed the condonation of shortfall in DSC service for the pension benefits.Background Facts The employee served in the Indian Army for 23 years, from January...