Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court

The Supreme Court on Monday (July 15) explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.“once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of...

CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC

The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...

Long Period Of Service, Gauhati High Court Directs Consider Regularization Of Employee Within 12 Weeks

A single judge bench of the Gauhati High Court comprising of Justice Kakheto Sema, while deciding writ petition directed to consider regularization of workers in temporary or casual positions for an extended period, to receive pensionary benefits after retirement. Background Facts The employee was appointed as a contingency Peon on a fixed pay of Rs. 375/- per month by the...

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution.The bench of Justice Ganesh Ram Meena was hearing a petition filed...

Bombay HC Sets Aside Stay On 'Exceptional' Transfer Of Indian Express Employee, Says Prior Dispute With Employer No Reason To Presume Malafides

The Bombay High Court on Tuesday observed that merely a transfer of an employee being exceptional and there being previous litigation between employer and employee is not a ground for the Industrial Court to stay the transfer.Justice Sandeep Marne allowed a writ petition filed by Indian Express (P) Ltd. seeking to set aside Industrial Court's order of interim stay on the transfer and promotion...

Retired High Court Judge Entitled To Leave Encashment When He Completes Tenure As Chairman Of Railway Claims Tribunal: Karnataka HC

The Karnataka High Court has directed the Union of India to calculate and disburse the leave encashment amount due to a former Judge of the High Court, who on retiring was appointed as Chairman of the Railway Claims Tribunal and served in the position for over two years.A Single judge bench of Justice Sachin Shankar Magadum partly allowed the petition filed by Justice B Padmaraj (retired)...

Labour & Service Weekly Roundup: June 17 - June 23, 2024

Bombay High Court Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court Case No. : Writ Petition No. 4754 OF 2009 Citation: 2024 LiveLaw (Bom) 308 Case Name : Shri. Patil Samgonda Namgonda vs. State of Maharashtra A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ...

Mitigating Factors Like Long Service, Promotions To Be Considered While Imposing Punishment On Delinquent Employee: Karnataka High Court

The Karnataka High Court has said that punishment upon a delinquent employee should be commensurate with the gravity of guilt and while awarding punishment, factors like the long and spotless service rendered by the delinquent, the number and nature of promotions earned by him till initiation of disciplinary proceedings, the encomia awarded to him, the shortness of the period remaining...

[Bihar Pension Rules] Employer Cannot Withhold Retirement Benefits If There Is No Pending Departmental Proceedings: Patna High Court

The Patna High Court observed withholding of pension and other benefits of a retired employee was unlawful in absence of any pending departmental proceedings against the retired employee under the Bihar Pension Rules, 1950.Justice Nani Tagia was considering the case of the Petitioner who retired in 2020 from the post of Programme Officer, Education Department. The petitioner received 90%...

Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment. Background of Facts Shri G. Ramesh (Employee) was appointed as...

Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court

A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ Petition in the case of Shri. Patil Samgonda Namgonda vs. State of Maharashtra, held that employee's conduct of filing petitions does not show the abandonment of claim for reinstatement in service. Background Facts The Shri. Patil Samgonda Namgonda (Petitioner) was appointed headmaster...

Setting Cut-Off Dates For Recruitment Is Strictly Within Domain Of Employer, Cannot Be Relaxed To Accommodate Anyone: Rajasthan High Court

The Rajasthan High Court (“the Court”) has reiterated that fixing a cut-off date for recruitment processes falls purely in the domain of the employer and such a cut-off date was uniform for all the applicants and could not be relaxed for certain participants. The Court said:“It is a settled position of the law that the setting and beholding of a cut-off date falls purely within the...