Trade Union Not 'State', Employer Can't Generally Invoke Article 226 To Restrain Proposed Strike: Karnataka High Court

The Karnataka High Court has held that a writ petition against a workers' union to restrain a proposed strike is not maintainable as a general rule under the Industrial Relations Code 2020, remarking that Trade Union does not qualify as 'State' under the Constitution. On the other hand, an aggrieved employer could approach the Industrial Tribunal for enforcement of the statutory prohibition...

Nominating Another Woman As 'Wife' In Records Can't Override Legally Wedded Wife's Right To Family Pension: Gauhati High Court

The Gauhati High Court has held that a legally wedded wife of a deceased government employee cannot be denied family pension merely because the employee had nominated another woman as his “wife” in the pension records. A Single Bench of Justice Kaushik Goswami was hearing a writ petition filed by Shibani Dutta, whose husband, late Sankar Dutta, a retired government employee, had...

Supernumerary Posts U/S 20(4) RPwD Act Available Only To Those Who Acquire Disability During Service: HP High Court

The Himachal Pradesh High Court held that the benefit of adjustment against a supernumerary post under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 is available only to employees who acquire a disability during the course of their service. It ruled that the provision does not extend to persons appointed under the quota reserved for persons with benchmark...

Retired Govt Servant Can't Get Gratuity During Pendency Of Criminal Proceedings, Seriousness Of Offence Irrelevant: Allahabad High Court

The Allahabad High Court has held that gratuity and final retiral dues cannot be released to a retired government servant during the pendency of criminal proceedings against him, and that the seriousness of the offence he is facing is irrelevant to the question.Regulation 351-AA of the Civil Services Regulations, as applicable in Uttar Pradesh, provides that where departmental or...

BSUSC Must Verify Teaching Experience Certificates Before Awarding Zero Marks To Candidates: Patna High Court

The Patna High Court has held that the Bihar State University Service Commission (BSUSC) cannot deny marks for teaching experience solely because an experience certificate does not mention a letter or memo number and date, where the advertisement itself does not prescribe such a requirement. The Court held that in such cases, the Commission is under an obligation to verify the certificate...

Refusing To Defer Physical Test For Pregnant Candidate Forces Her To Choose Between Motherhood & Employment, Not Justified: Allahabad High Court

The Allahabad High Court has held that refusing to postpone the physical efficiency test of a woman candidate in an advanced stage of pregnancy compels her to choose between bearing a child and employment, and interferes with her right of reproduction as well as her right to employment. It held that where the recruitment rules are silent on postponement and lay down no bar against it,...

'It's Daylight Fraud If True': Karnataka High Court In Plea For CBI Probe Into Alleged KPSC Veterinary Officer Recruitment Scam

The Karnataka High Court on Wednesday (July 29) sought the State Government's response on a plea seeking transfer of the investigation into the alleged Karnataka Public Service Commission (KPSC) Veterinary Officer (Group A) recruitment scam to the Central Bureau of Investigation (CBI). During the hearing, Justice M Nagaprasanna orally remarked that if the allegations levelled by the...

Calcutta High Court Directs Release Of Headmaster's Retiral Benefits Despite Pending Criminal, Disciplinary Proceedings

The Calcutta High Court has dismissed review petitions filed by the State and a school authority seeking reconsideration of an earlier order directing release of retiral benefits to a retired Headmaster, holding that review jurisdiction cannot be invoked to cure a party's failure to appear or place materials before the Court during the original hearing.Justice Aniruddha Roy observed that...

Similarly Situated Employees Already Regularised Cannot Be Denied Same Benefit Without Intelligible Differentia: Patna High Court

The Patna High Court has held that an employee whose appointment was made under the same staffing pattern and in identical circumstances as other employees who have already been regularised cannot be denied the same benefit in the absence of any intelligible differentia. The Court observed that doing so would amount to unequal treatment amongst equals.A Division Bench of Justice Sudhir Singh...

'Progressive Welfare Measure': Kerala High Court Asks State To Consider KSRTC Women Conductors' Plea For 2-Day Paid Menstrual Leave

The Kerala High Court recently directed the State to consider the representation preferred by the women conductors of the Kerala State Road Transport Corporation (KSRTC) seeking two days' paid menstrual leave. [2026 LiveLaw (Ker) 409]Justice Viju Abraham directed the State government to consider and pass orders on the petitioners' representation without delay, within 3 months from the date...

Maternity Leave For Second Child Can't Be Denied For Want Of Two-Year Gap Under UP Financial Handbook: Allahabad High Court

The Allahabad High Court has held that maternity leave for a second child cannot be refused on the ground that two years have not elapsed since the earlier spell of such leave was granted. It held that the Code on Social Security, 2020 prevails over the rules contained in the U.P. Financial Handbook.Section 161 of the Code on Social Security, 2020 provides that the Code shall have...

Labour Court Must First Decide Fairness Of Domestic Inquiry Before Examining Merits Of Charges: Allahabad High Court

The Allahabad High Court has reiterated that where the termination of a workman on the basis of a domestic inquiry is referred to a Labour Court, the Labour Court must first decide whether the domestic inquiry was fair, and may take up the merits of the charges only after deciding that issue.It held that where the inquiry is found to be unfair, the employer must be granted an opportunity to...