Labour & Service
Illegally Terminated Employee Entitled To Benefits As If Termination Never Occurred: Jharkhand High Court
A single judge bench of the Jharkhand High Court, comprising Justice S.N. Pathak, while deciding a petition, held that an employee who has been illegally terminated should not be denied the benefits they would have received had the termination not occurred. Background Facts The Petitioner was appointed as a Clerk in J.K.R.R High School, Chirkunda, Dhanbad, (Employer) in...
Absence Of Proof In Employee's Engagement In Dual Employment, Kerala HC Directs Employer To Pay Salary
A single judge bench of the Kerala High Court, comprising Justice N. Nagaresh, while deciding a petition, held that an employee is entitled to arrears of salary because the employer could not produce enough evidence to prove that employee was engaged in dual employment. Background Facts The respondent was employed by Quattro Investments Pvt. Ltd. as an Area Sales Manager starting...
Kerala Toddy Workers Welfare Fund, Employee Of Licensee, Not An Employer: Kerala High Court
A single judge bench of the Kerala High Court, comprising Justice Dinesh Kumar Singh, while deciding writ petitions held that an employee who is merely associated with the conduct of business and not in a position to employ others on his own behalf, cannot be said to be an employer. Background Facts The employee (Petitioner) was a worker in toddy shops Nos. 135 to 138 and 119 to...
Private Institutions Can Provide Compassionate Appointment But Financial Burden Will Not Lie With The State: MP High Court Clarifies
The Madhya Pradesh High Court at Jabalpur, in a case presided by Justice Vivek Jain, dismissed a plea challenging the denial of compassionate appointment. The petitioner, Kaushal Kumar Kachhawaha, sought the court's intervention following an order from the District Education Officer that allowed the private institution where his deceased father worked to appoint him on compassionate grounds...
Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.
A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.Background Facts An employee filed a writ application for reinstatement, which was allowed by an order dated 23.09.2010 without...
Complaint U/s.29 Of Industrial Disputes Act Must Contain Specific Pleadings Regarding Breach: Supreme Court
The Supreme Court on Tuesday (July 30) quashed criminal proceedings initiated under Section 29 (penalty for breach of settlement or award) of the Industrial Disputes Act, 1947 (ID Act) observing that the complaint did not contain specific pleading regarding breach of settlement or award binding on the accused employers.A bench of Justice Abhay Oka and justice Augustine George Masih set aside...
Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court
The Supreme Court on Monday (July 22) observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.A bench of Justice Surya Kant and Justice Ujjal Bhuyan upheld MP High Court's order directing the regularisation of appointment of...
Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court
In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such...
Degree Holder Can't Claim Post Reserved For Diploma, If Higher Qualification Is Not Equalised: Patna High Court
A division bench of the Patna High Court comprising the Chief Justice and Justice Harish Kumar, while deciding Letters Patent Appeal, held that an applicant with a higher qualification is not eligible for job requiring lower qualifications if there are no specific provisions where higher qualifications are explicitly recognized or equated with lower qualifications. Background...
Submitting False Injury Report Highly Despicable, Dereliction Of Duty: Rajasthan HC Affirms Compulsory Retirement Of Medical Officer
Rajasthan High Court refused to grant relief to the medical officer who had committed dereliction of duty by submitting a factually wrong injury report in a case. Frowning upon the conduct as highly despicable, the Court observed that for such conduct, compulsory retirement was not a disproportionate punishment warranting any interference of the Court. It was held:“It is apparent that...
'No Work-No Pay' Principle Not Applicable To UP Govt Employees Reinstated After Full Exoneration: Allahabad High Court
The Allahabad High Court has held that an employee who has been fully exonerated of the charges against him and has been subsequently reinstated is entitled to full pay for the period he was out of service by virtue of Rule 54 of the Financial Hand Book Volume-II (Part II to IV).Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been...
Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.“pay parity cannot be claimed as an indefeasible enforceable right save and except where the Competent Authority has taken a conscious decision to equate two...