Labour & Service
Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court
While setting aside a High Court judgment over an industrial dispute, the Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees.The Bench of Justices Aniruddha Bose and Sanjay Kumar was deciding on an appeal against a judgment of the Bombay High Court directing wage revisions, when it...
1974 Harness Rules | Allahabad High Court Asks Authority To Reconsider Married Daughter's Compassionate Employment Claim
Recently, the Allahabad High Court has held that the definition of 'family' under Rule 2(c) and Rule 5 of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 does not require the person seeking compassionate appointment to be dependent on the deceased employee.While directing the authorities to reconsider the application for compassionate appointment moved by...
Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the contract are per se not arbitrary.The Court held that...
No Show Cause Notice/Departmental Proceeding Can Be Initiated Against Retired Employee In Absence Of Rules/Regulations: Allahabad HC
The Allahabad High Court has held that in absence of any rule or regulation in Uttar Pradesh Cooperative Society Employees Service Regulation, 1975 and Uttar Pradesh Rajya Sahkari Bhumi Vikas Bank Employees Service Rules, 1976, neither a show cause notice can be issued nor departmental proceedings can be initiated against an employee after his retirement.While quashing the proceedings against...
Burden Of Proving Employer-Employee Relationship Primarily Rests Upon Who Asserts Its Existence: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, while deciding a Letters Patent Appeal in the case of Rakesh Sharma vs. Indian Oil Corporation and another, held that the burden of proving the employer-employee relationship primarily rested upon the person who asserted its existence, and once the person asserting to be...
Non-Disclosure of Information Cannot Form The Sole Ground for Employer to Discharge Employee: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Raja Basu Chowdhury while deciding a writ petition in the case of Sankar Mandal v. Union of India has held that non-disclosure of information cannot form the sole ground for the competent authority to discharge the employee.Background of FactsSankar Mandal (Petitioner) had successfully participated in a recruitment process...
Person Appointed Against Scheduled Caste Or Scheduled Tribe Quota, Cannot Later Claim Reservation Under Ex-Serviceman Quota: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman...
Furnishing Of Wrong Information For Securing A Job Amounts To Fraud Upon The Employer: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Sen while deciding a writ petition in the case of Ram Asheesh Yadav v. Union of India has held each candidate selected for the post of Constable in RPF must be free from all vices, possess a sense of sufficient responsibility, and be truthful, dutiful, vigilant as well as honest. Therefore, the furnishing...
Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice and Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge, while deciding Letters Patent Appeal in the case of UCO Bank & Ors. vs Chaman Singh, has held that service provided by an employee for the period of three months and above shall be treated as one half year (6 months)...
Compassionate Appointment Cannot Be Sought As A Matter Of Right And To A Particular Post: Karnataka High Court
A single-judge bench of the Karnataka High Court comprising of Justice S.G. Pandit while deciding a writ petition in the case of Smt. K. C. Nagalambike and Ors. v. The Managing Director KSRTC & Ors. has held that compassionate appointment cannot be sought as a matter of right and at the same time compassionate appointment cannot be sought against a particular post.Background of...
Casual Labourers Have Intermittent And Sporadic Employment Whereas Daily Wagers Render Continuous Service: Jammu & Kashmir High Court
A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjeev Kumar while deciding a Civil Writ Petition in the case of Ghar Singh vs University of Jammu & Ors has held that a Casual Labourer is labour whose employment is intermittent and sporadic, where as a Daily Wager renders continuous service and is paid on a daily basis.Background FactsGhar Singh...
Voluntary Abandonment Of Employment Cannot Be Accepted If Notice For Resuming Duties Not Issued: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Civil Writ Petition in the case of M/s. Premsons Trading (P) Ltd vs Dinesh Chandeshwar Rai has held that voluntary abandonment of employment can only be proved if the employer had issued a notice to the workman directing him to resume his duties.Background FactsM/s. Premsons Trading (P)...