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...

Officers Facing Temporary Illness Entitled To Promotion After Regaining SHAPE I Medical Category, Delhi High Court Grants Promotion To Army Personnel

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted promotion to an Army Personnel to the Post of Assistant Commandant which was denied to the Petitioner on Medical Grounds. The Bench held that the Respondents had not provided sufficient reasons as to why the Petitioner was not detailed in a Course that was mandatory to determine...

Disciplinary Proceedings Need Only 'Preponderance of Probability', Not 'Beyond Reasonable Doubt': Madras HC

Madras High Court: A Division Bench of Justice M.S. Ramesh and Justice C. Kumarappan upheld the dismissal of two Greaves Cotton Limited workers accused of engine sabotage. The court reaffirmed that disciplinary proceedings need only meet the “preponderance of probability” standard rather than criminal law's “beyond reasonable doubt” threshold. The court found the...

Recovery Of Time-Bound Promotion Benefits (Kramonnati) From Work Charged Employees Illegal, Benefits Must Continue; MP HC

Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain upheld work charged employees' right to time-bound promotion benefits (kramonnati), quashing recovery orders issued against them. The Court held that work charged and contingency paid employees constitute a common class under service rules, entitled to identical benefits including kramonnati. Rejecting...

Withholding Retiral Benefits Due To Pending Criminal Case Unrelated To Employee's Official Duties Violates Right To Life: Rajasthan HC

Rajasthan High Court ruled that withholding retirement benefits of an employee only on the ground of pendency of criminal proceedings which had nothing to do with the official duties was unjustified and violative of right to life because these were the sources by which the employee arrange for their necessities post retirement.“The pension, gratuity and other retiral benefits are the...

Criminal Acquittal Does Not Invalidate Disciplinary Proceedings Conducted Under Different Evidentiary Standards: Kerala HC

Kerala High Court: A single judge bench consisting Justice Harisankar V. Menon quashed an arbitration award reinstating a terminated bank employee, holding that acquittal in criminal proceedings does not automatically invalidate findings of a domestic enquiry conducted under different standards of proof. The court emphasized that disciplinary proceedings operate independently of criminal...

Higher Qualification Cannot Substitute Mandatory Basic Qualification: Madhya Pradesh High Court

Madhya Pradesh High Court: Justice Anil Verma dismissed a writ petition challenging the rejection of a teaching position application, holding that a Master's degree in English cannot substitute for the mandatory requirement of a Bachelor's degree in English under the Madhya Pradesh School Education Services (Teaching Cadre) Recruitment Rules, 2018. The Court upheld that candidates must...