Industrial Disputes Act | Whether Person Raising Dispute Is A Workman Can Only Be Decided By Labour Court, Not By Govt: Rajasthan HC

Rajasthan High Court granted relief to a government employee who was dismissed from his job without a hearing 15 years ago, by directing the government to refer his industrial dispute to the labour court.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the order of the Government of India (“respondent”) where the respondent had refused to make reference...

Night Watcher-cum-Sweeper, Continuous Service For More Than 10 Years, Orissa High Court Directs To Consider Regularization

A single judge bench of the Orissa High Court, comprising Justice Biraja Prasanna Satapathy, while deciding writ petition has held that irregular appointment may be regularized if the employee has worked for more than 10 years without the protection of a court order. Background Facts The Petitioner was employed as a Night Watcher-cum-Sweeper on November 21, 2003. The Petitioner...

Patna High Court Directs Reinstatement Of CRPF Personnel Dismissed From Service For Absence Due To Taking Care Of Mother Diagnosed With Cancer

The Patna High Court on Tuesday directed the reinstatement of a CRPF personnel who was dismissed from the service on account of being absent from duty for 196 days to take care of his mother, who was suffering from cancer. “In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for...

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him.The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, an...

Transfer Order Passed During Operation Of Election Notification Without Prior Approval Of State Election Commission Not Sustainable: Allahabad HC

The Allahabad High Court has held that no notification transferring an employee involved in elections can be passed during the period where election notification is active except with prior permission of the State Election Commission. It was held that such transfer order is non est in law.Petitioner was serving as Assistant Development Officer (Panchayat), when his transfer order issued...

'Doctrine Of Relation Back' Applies In Service Matters When Subsequent Order Passed In Favour Of Employee Relates To Initial Dispute: Allahabad HC

The Allahabad High Court has upheld the application of doctrine of relation back in service disputes where subsequent orders have been passed in favour of the employee relates to initial disputes.While directing payment of salary arrears from year 1998 (date of stop order) to 2021(date when petitioners appointments were held valid), Justice Manish Mathur held that “doctrine of relation...

Govt Employees On Probation Not 'Temporary Employees', Cannot Be Terminated Without Departmental Action: Rajasthan High Court

Rajasthan High Court has affirmed that a government employee who has been appointed by a regular mode of selection, and is on probation, cannot be treated as a temporary government employee whose services can be terminated by giving one month notice under Rule 23-A of the Rajasthan Service Rules 1951 (“the Rules”) which is meant for temporary employees.The bench of Justice Mahendra...

Seeking Change In Recorded Date Of Birth After Retirement Impermissible Under Law: Karnataka High Court

A single judge bench of the Karnataka High Court, comprising Justice M.G.S. Kamal, while deciding writ petition emphasized that an employee cannot seek a change in the recorded date of birth after a considerable lapse of time. Background Facts The Petitioner was employed as a Pulp Drawing Processor on 01.10.1983. He retired from service on 09.03.2006. At the time of his...

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...