Labour & Service
Suppression Of Pendency Of Criminal Case By Person Seeking Appointment To A Police Post Has Bearing On His Suitability: Delhi High Court
A two-judge bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a writ petition in the case of Shri Nomil Rana v. Union of India and Ors. has held that suppression of the material information regarding pendency of Criminal Case by a person seeking appointment to a police post wherein he is required to maintain public order has bearing...
Onus To Establish Employee-Employer Relationship Rests On the Claimant: 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 Sunil Kumar & Ors. v. The State & Ors. has reiterated that the onus to establish the relationship of employee-employer between the management and the workman is on the claimant, i.e., the person who sets up a plea of existence of such relationship...
AAI Is An Extended Hand Of GOI; No Backdoor Entries Can Be Permitted While Absorbing Workers: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Hari Shankar Sharma & Ors. vs UOI & Ors. has held that AAI is an extended hand of the Government of India, thus no backdoor entries can be permitted while absorbing and regularizing workers in the same.Background FactsThe Petitioners were terminated...
Enquiry Officer Cannot Act As Presenting Officer And Cross-Examine Witnesses: Chhattisgarh HC Reiterates
A single judge bench of the Chhattisgarh High Court comprising of Justice Rajani Dubey while deciding a Civil Writ Petition in the case of Tapash Choudhary & Ors vs DG, CRPF & Ors. has held that an Enquiry Officer cannot act as Presenting Officer and cross-examine witnesses as it is against the principles of natural justice. Background FactsTapas Choudhary and Mohammad Matiur...
Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice K.S. Hemalekha while deciding a Civil Writ Petition in the case of T.Y. Subramani vs Divisional Controller, K.S.R.T.C. has held that by mere passage of time, a fraudulent practice would not get any sanctity, and equity jurisdiction cannot be exercised in such cases as a person who seeks equity must act in a fair and...
Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC
The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment.The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no...
Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors. has held that the absence of statutory period of limitation under the ID Act, 1947 does not have the effect that substantially delayed lis should be mandatorily entertained by the...
In Absence Of Any Statutory Provision, Seniority Is Counted From Appointment To A Post: Himachal Pradesh High Court
A Division Bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan & Justice Sushil Kukreja while deciding a Letters Patent Appeal (LPA) in the case of State of HP & Ors vs Reena Verma has held that in the absence of any statutory provision, once a person is appointed to a post, his/her seniority is counted from the date of appointment. Background...
Employee Placed Under Suspension During Detention Can't Be Denied Wages Upon Acquittal In Absence Of Any Disciplinary Enquiry: Allahabad HC
The Allahabad High Court has held that an employee placed under suspension during the period of detention cannot be denied wages upon acquittal in the absence of any disciplinary enquiry and bail during the period of suspension.The Court further held that such an employee who has been suspended during the period of detention needs to prove that he was not gainfully employed during...
Lien Of A Government Servant Only Ceases When Appointed On Another Post Substantively Or Absorbed Permanently: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Shiv Kumar vs State of Rajasthan & Ors. has held that lien of a government servant only ceases to exist when he/she is appointed on another post substantively or absorbed permanently. Background FactsDr. Shiv Kumar (Petitioner) was appointed as...
Employees Have A Legitimate Expectation For Extension Of Same Benefits As Extended To Similarly Situated Employees: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Ganesh Ram Meena while deciding a Civil Writ Petition in the case of Dr. Mukesh Sharma vs State of Rajasthan has held that employees have a legitimate expectation of getting same benefits which were extended to an employee which is similarly situated.Background FactsDr. Mukesh Sharma (Petitioner) was appointed as...
Punishment Of Forfeiture Of Service Can Be Imposed For Willful Absence Though Not Explicitly Stated Under Services Rules: Rajasthan HC
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Shiv Kumar Khandelwal vs State of Rajasthan & Ors has held that punishment of forfeiture of service can be imposed for willful absence even though it is not explicitly spelt out under Rule 14 of Rajasthan Civil Services (Classification, Control and...