Labour Court And Registrar Of Cooperative Societies Have Concurrent Jurisdiction For Disputes Relating To Disciplinary Action: Delhi High Court

Recently, a Single Bench of the Delhi High Court comprising of Justice Tara Vitasta Ganju heard a petition impugning the award passed by the learned Additional District and Sessions Judge. By the Impugned Award, the complaint filed by the Petitioner on the applicability of the provisions of the Industrial Disputes Act, 1947, was dismissed by the Labour Court, in view of the specific bar as...

Violations Of The Contract Labour Act By Contractor, Does Not Per See Confer Employment Rights;Guwahati High Court Clarifies

The Guwahati High Court bench comprising of Justice Michael Zothankhuma upheld the Industrial Tribunal's decision that dismissed the claim of six contract labourers seeking reinstatement and regularization with ONGC. It ruled that the labourers failed to prove any employer-employee relationship. Further, any alleged violations of the Contract Labour (Regulation and Abolition) Act, 1970...

SC Candidates Holding Different States' Certificate Entitled To Claim Job Reservation In Union Territory, Delhi High Court Reiterates

Recently, a Division Bench of the Delhi High Court comprising of Justice C Hari Shankar and Justice Sudhir Kumar Jain heard a petition impugning the Judgment by Central Administrative Tribunal (“CAT”) which allowed the respondents' Original Applications (“OAs”) and held that the respondents were entitled to be treated as Scheduled Caste candidates based on the certificates held...

Delhi High Court Orders Reinstatement Of CISF Officer Dismissed After Alleged Conspiracy Involving Sexual Harassment

A division bench of Delhi High Court comprising Justice Rekha Palli and Justice Shalinder Kaur ordered the reinstatement of Satish Kumar, a Sub-Inspector (SI) with the Central Industrial Security Force (CISF), after finding that his dismissal following accusations of conspiring with a female constable in a sexual harassment case was unjustified. The court re-evaluated the evidence presented...

Patna High Court Quashes Sub Registrar's Dismissal, Reiterates Article 311 Protections Against Arbitrary Removal

The Patna High Court bench of Justice Bibek Chaudhuri reversed the dismissal of Ram Pravesh Chauhan, a Sub Registrar from Nalanda's Hilsa Sub Registry Office. It cited an absence of adequate evidence in the disciplinary proceedings, while reiterating the protections under Article 311 of the Constitution, which prevents arbitrary dismissal by ensuring that only the appointing authority, or...

Annual Performance Appraisal Report Determining Career Progression Must Be Written By Superior Officers With Impartiality: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur, held that annual performance appraisal report determining career progression and promotions must be written by superior officers with objectivity, impartiality, fairness and free from any prejudice. Background Facts The employee joined the Indo-Tibetan Border Police (ITBP) in...

Bombay HC Dismisses IIT Bombay's Appeal Against Payment Of Gratuity To Contract Workers

On 4th October, a Single Bench of the Bombay High Court comprising of Justice Sandeep V. Marne heard a petition filed by Indian Institute of Technology, Bombay (“IIT Bombay”) challenging the order passed by Assistant Labour Commissioner (“Central”) acting as Controlling Authority under the Payment of Gratuity Act 1972, (“PG Act”), later then upheld by the Appellate Authority....

Litigants Must First Approach Administrative Tribunal In Matters Even Regarding Irregularities Concerning Recruitment To Posts Under Union And Not High Court Directly: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices C. Hari Shankar and Sudhir Kumar Jain held that the Administrative Tribunal has the jurisdiction, powers and authority exercised by all the courts in relation to recruitment and matters in relation to recruitment to a civil post under section 14(1) of the Administrative Tribunals Act BACKGROUND The National Testing...

Appointing Authority Has Discretion To Appoint/ Reject Persons Involved In Moral Turpitude Offences, Even If They Are Acquitted: MP High Court

The Madhya Pradesh High Court has said that the appointing authority has the "entire discretion" to appoint or not appoint a person who is involved in an offence concerning moral turpitude even if that person is acquitted. The high court said that the acquittal would not automatically entitle such a person for employment. The court said that in the case before it, the concerned authority...

'Heart Of Cardio Institute Itself Not In Right Place': Karnataka HC While Regularising Service Of Nurses Engaged On Contract Since 20 Yrs

The Karnataka High Court has come to the aid of Ten Staff Nurses (Stipendiary) working on contractual basis for over 20 years in Sri Jayadeva Institute of Cardiovascular Sciences and Research, by directing that their services be regularised from the date they completed 10 years of service.A single judge bench of Justice N S Sanjay Gowda allowed the petitions filed by B J Rani and others and...

Revised Promotion Ratio Can't Be Applied Retroactively As Reversal Of Benefits Received By Promoted Officers Causes Administrative Disruption: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Suresh Kumar Kait & Justice Girish Kathpalia held that the revised promotion ratio can't be applied retroactively but prospectively as reversal of benefits received by already promoted officers would cause administrative disruptions. Background Facts The employees were previously appointed as Inspectors. They...

Tattoo Scar Should Not Be The Basis For Disqualification, Opportunity Must Be Given To The Candidate To Remove It, Delhi High Court Reiterates

A Division Bench of Delhi High Court comprising of Justices Suresh Kumar Kait and Justice Girish Kathpalia reiterated that any person with a tattoo should be given an opportunity to have the tattoo removed in a time bound manner and a scar from the tattoo should not be a reason to disqualify such candidate. BACKGROUND The Respondent appeared in the examination for the post of...