Power To Fix Age Of Superannuation In Cooperative Credit Societies Is Discretion Of Board Of Management, Not Govt: Andhra Pradesh High Court

The Andhra Pradesh High Court, in a service matter of the employees from a branch of District Cooperative Central Bank Limited, held that cooperative credit societies have complete autonomy in fixing the age of superannuation.The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao went on to note that increasing the age of superannuation from June 2017 was a...

Court To Refrain From Intervening In Cases Where There Is An Effective Alternate Remedy, Unless Compelling Reasons To Do So: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Maya and Ors. v. Union of Indian and Ors. has held that the Court is to refrain from intervening in cases where there is an effective alternate remedy, unless there exist compelling reasons to do so. Background of Facts Maya and Ors....

Long-Term Continuance Of Employment Does Not Create Inherent Right To Regularization: Bombay High Court

A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a writ petition in the case of The Chief Officer, Pen Municipal Council & Ors. v. Shekhar B. Abhang & Ors. has held that regularization of services cannot be claimed merely based on long-term continuance of employment as this does not create any inherent right...

Definition Of Wages Under Minimum Wages Act Cannot Be Used To Calculate Bonus Under Payment Of Bonus Act: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi has held that definition of wages under Minimum Wages Act, 1948 cannot be used to calculate bonus under Payment of Bonus Act, 1965 Background Facts Group 4 Securities Guarding Ltd (Petitioner) was engaged...

Withholding Of Salary Or Emoluments Does Not Fall Within The Ambit Of Offence Of Cheating: Bombay High Court

A single judge bench of the Bombay High Court comprising of Justice N. J. Jamadar in the case of Rajiv Bansal & Ors vs State of Maharashtra and Ors has held that withholding of salary or emoluments does not fall within the ambit of offence of cheating Background Facts Rajiv Bansal (Petitioner) was the erstwhile Chairman and Managing Director of Air India Limited (AIL). The...

Opinion Given By CVC To Disciplinary Authority Need Not Be Shared With Delinquent Employee Of Bank: Karnataka High Court

The Karnataka High Court, while reversing an order of the Single bench directing reinstatement of a delinquent bank employee who was dismissed from service for lending money to fictitious persons without duly securing repayment of loans, has observed that the opinion given by the Central Vigilance Commission to the disciplinary authority need not be shared with the employee.A division bench...

Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person not being allowed to be represented by a defence assistant & non-enclosure of past record of the person in chargesheet established that an enquiry proceedings is conducted in violation of principles of...

Leave Encashment Not Discretionary Bounties But Legal Rights Enforceable Under Constitution: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice Sachin Shankar Magadum in the case of H Channaiah Vs Chief Executive Officer, Zilla Panchayath And Ors has held that Leave encashment cannot be viewed as discretionary bounties but as legal rights enforceable under the Constitution of India Background Facts H Channaiah (Petitioner) worked as a waterman in the...

Labour & Service Monthly Digest: May 2024

Delhi High Court Termination Order Based On Enquiry For Misconduct Behind The Back Of The Officer Is Violative Of PNJ: Delhi HC Case No.- W.P.(C) 12696/2023 Case Name- Govt. of NCT of Delhi & Ors vs Virender Citation: 2024 LiveLaw (Del) 558 A Division Bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta while deciding...

State Has Right To Refrain From Preparing Waiting List While Completing Selection Process: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that it is the absolute discretion of the State to prepare a waiting list in a selection process and the Court cannot ask to prepare the same.Justice Jagmohan Bansal said, "Court cannot ask to prepare waiting list. In the absence of waiting list, court cannot ask the State to fill up vacancy in case any selected candidate does not join. It is a...

Anganwadi Centers Fall Within Ambit Of “Establishment” Under Gratuity Act: Tripura High Court

A Single Judge bench of the Tripura High Court comprising of Justice S. Datta Purkayastha in the case of Bina Rani Paul & Ors Vs State of Tripura & Ors has held that Anganwadi Centres fall within the ambit of “establishment” under Payment of Gratuity Act, 1972 and thus Anganwadi Workers and Anganwadi Helpers are entitled to Gratuity. Background Facts The Petitioners...

Birth Of First Child Before Joining Service not a bar for availing Maternity Leave After Joining Service Under AAI Regulations: Bombay High Court

A Division bench of the Bombay High Court comprising of Justice A. S. Chandurkar and Justice Jitendra Jain in the case of Airports Authority of India Workers Union & Anr Vs The Under Secretary, Ministry of Labour & Anr has held that birth of a first child before joining the service is not relevant for considering of maternity leave after joining the service. The object of...