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...

Out Of Two Right Answers, Bombay High Court Allows MPSC To Treat Only One As Correct To Avoid Burdening The Commission And Disturb The Selection Of Candidates

The Bombay High Court Bench of Aurangabad has set aside the judgement of the Maharashtra Administrative Tribunal which directed the Maharashtra Public Service Commission to recount the marks of candidates who appeared for the Sub-Registrar/Stamp Inspector (Grade-1) position test . The Administrative Tribunal had accepted that the question in fact carried two right answers, therefore,...

Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification

The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per...

By Participating In Selection Process, Candidates Do Not Get Indefeasible Right To Get Appointment, Delhi High Court Reiterates

The Delhi High Court has dismissed a Writ Petition which challenged a judgement of the Central Administrative Tribunal. The Petitioner had sought seniority from the year 2007 despite being appointed in the year 2009, contending that he was entitled for appointment in the year 2007 itself.The Division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that the petitioner...

Resignation Not Final Until Its Acceptance Is Communicated To Employee : Supreme Court

Holding that the resignation letter was withdrawn before it was accepted, the Supreme Court allowed the reinstatement of an employee to the Railways.The Court observed that an internal communication about accepting the employee's resignation letter could not be said to be acceptance of the resignation letter. It added that unless such acceptance was communicated to the employee, the...