Labour & Service Law Annual Digest 2025

Allahabad High Court Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment Case Title: Vikrant Sengar v. State Of U.P. And 3 Others [WRIT - A No. - 17732 of 2022] The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full facts, thereby vitiating the appointment with incurable defects. The Court also directed inquiry into the role of officials who were responsible for petitioner's appointment in the first instance. Departmental Appeal Not Automatically Abated Upon Death Of Employee, Denial Of Post Terminal Benefits Has Consequences On Heirs: Allahabad HC Case Title: Smt. Munni v. State Of U.P. And 2 Others [WRIT - A No. - 2479 of 2025] The Allahabad High Court has held that departmental appeal is not automatically abated upon death of the employee as the order in such proceedings has serious civil consequences and affects the post terminal benefits on the legal heirs of the deceased employee. Disciplinary Action | Punishment Order Not Invalid For Mere Non-Mention Of Specifics Of Show Cause Notice: Allahabad High Court Case Title: Dharvendra Pal Singh v. State Of U.P. And 3 Others 2025 LiveLaw (AB) 290 [WRIT - A No. - 9632 of 2025] Case citation: 2025 LiveLaw (AB) 290 The Allahabad High Court has held that unless there is any clear illegality, punishment order cannot be held to be invalid merely because it does not include all specifics of the show cause notice. Mere Pendency Of Criminal Case Not Ground For Denying Compassionate Appointment: Allahabad High Court Case Title: Mahesh Kumar Chauhan v. State Of Up And 3 Others 2025 LiveLaw (AB) 289 [WRIT - A No. - 947 of 2024] Case citation: 2025 LiveLaw (AB) 289 The Allahabad High Court has held that mere pendency of criminal case cannot be a ground for denying compassionate appointment and the discretion with the employer to grant appointment must be exercised objectively. It further held that the character certificate given by the District Magistrate holds some weightage in considering a person's application for compassionate appointment. Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court Case Title: M/S Omrao Industrial Corporation Pvt. Ltd. v. State Of Up And 2 Others [WRIT - C No. - 28075 of 2025] The Allahabad High Court has held that even if no rebuttal has been filed to the workman's written statement, the Labour Court must look at the evidence and apply its judicial mind while passing the order. It held that merely because of Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957, the evidence cannot be ignored, and the award cannot be passed solely based on the averments made by the workman. State Can Clarify 'Equivalence Of Qualification' For Recruitment Even After Commencement Of Selection Process: Allahabad High Court Case Title: Abhinav Tiwari v. State Of U.P. And 5 Others [WRIT - A No. - 19283 of 2023] The Allahabad High Court has held that the State Government is competent to clarify its position regarding 'equivalence of qualification' for recruitment to a post, even after commencement of selection process. If Disability Is Acquired During Service, Employee Must Be Shifted To Suitable Post Instead Of Termination: Allahabad High Court Case Title: Laljee Versus State Of U.P. Thru. Prin. Secy. Secondary Education Lko And 6 Others [WRIT - A No. - 7815 of 2024] The Allahabad High Court has held that where disability is acquired during the course of the service, instead of dispensing the services of the employee, he/she must be shifted to a suitable post. Fraud Unravels All Solemn Transactions': Allahabad High Court Denies Relief To Compassionate Appointee Terminated After 27-Yrs Service Case Title: Krishna Kant v. State of U.P. And 2 Others [WRIT – A No. - 10029 of 2025] Holding that fraud vitiates everything else, the Allahabad High Court has denied any relief to the employee who had worked for 27 years as compassionate appointee, citing grounds of fraud committed by him in obtaining the appointment. VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court Case Name : Manohar Singh v. Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Ltd. Case No. : SPECIAL APPEAL No. 420 of 2025 A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible UP Police Officer Can't Resign Without Mandatory 2-Month Notice Under...

Labour & Service Law Annual Digest 2025

Namdev Singh

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