Supreme Court
Supreme Court Directs ₹1 Lakh Compensation For Daily-Wage Workers In 25-Year-Old Bihar Workmen Dues Case
The Supreme Court on Monday (September 28) has directed the States of Bihar and Jharkhand to pay a one-time sum of ₹1 lakh to each concerned daily-wage employee/workman of five defunct State-owned corporations, while ordering 12% simple interest per annum on delayed EPF dues and 6% interest on delayed salary/wages and other monetary dues. “…we deem it appropriate to direct the States of Bihar and Jharkhand to pay, in addition to the amounts already determined and disbursed, a one-time sum of...
Senior Officer Cannot Be Paid Less Than Junior Holding Same Post : Supreme Court
The Supreme Court has held that a senior employee holding the same post cannot be paid less than a junior unless the disparity is supported by valid and demonstrable factors. “It is fundamental that a senior officer cannot be paid less than a junior officer holding the same post...A junior receiving a higher pay compared to the pay of the senior has to be justified with reference to...
Principal Employer Not Liable To Pay Gratuity To Contractual Workmen; Controlling Authority Can't Decide Who Must Pay : Supreme Court
The Supreme Court has held that a principal employer cannot be held liable to pay gratuity to workers engaged through a contractor when there is no employer-employee relationship between the principal employer and such contractual workmen.The Court set aside a Bombay High Court order holding Oil and Natural Gas Corporation Ltd. (ONGC) liable to pay gratuity to workers engaged through...
No Vested Right To Claim Promotion Under Repealed Rules : Supreme Court
The Supreme Court on Thursday (September 17) reiterated that a promotional post arising under the applicable Rules need not necessarily be filled under those Rules, particularly where they have since been repealed. The Court held that such promotional posts can be filled up under the new Rules, which prescribe new methods of recruitment. “The employee does not acquire any vested right...
'Equal Pay For Equal Work' Doctrine Cannot Be Mechanically Applied, Experience Can Justify Pay Difference: Supreme Court
The Supreme Court has recently held that the doctrine of 'equal pay for equal work' cannot be mechanically applied merely on the ground that two categories of employees perform functionally similar duties, and that a difference in experience between directly recruited and promoted employees can constitute a valid basis for a difference in pay scales. A bench of Justice Dipankar Datta and...
Appointment To Public Post Contrary To Recruitment Advertisement Amounts To Fraud On Public: Supreme Court
The Supreme Court has held that an appointment to a public post made in disregard of the qualifications prescribed in the recruitment advertisement amounts to a fraud on the public, while upholding the cancellation of an Anganwadi Supervisor's appointment in Maharashtra.A bench comprising Justice Dipankar Datta and Justice Sheel Nagu dismissed an appeal filed by Sunita Lahu Panchpande, who...
Courts Must Presume Correctness Of Answer Key, Interfere Only If Mistake Is 'Glaring And Apparent': Supreme Court
The Supreme Court has recently ruled that a challenge to the correctness of an answer key selected by an examining body can be entertained only where the error is so glaring and apparent that it can be detected without any resort to any interferential reasoning. It set aside an Allahabad High Court order that had awarded a disputed mark to a candidate in a Village Development Officer...
'Army's Burden To Prove Disability Was Not Due To Service' : Supreme Court Dismisses Union's Appeals Against Disability Pension
The onus to prove that the member's disability is not attributable to service still lies on the employer, even after the 2008 rules, the Court noted.
Supreme Court Orders Centre To Give Rs 15 Lakh To Officer Who Was Illegally Retired As 'Deadwood', Directs To Give Him Farewell
"To brand an officer like the appellant – who dedicated the best years of his life to the service of the nation – as dead wood smacks of a high degree of malice," the Court said.
Pre-Regularization Service Must Be Counted For Pension Benefits : Supreme Court
The Supreme Court has held that service rendered by employees on contract, ad hoc, daily-wage or work-charge basis prior to their regularization must be counted as qualifying service for retiral and pensionary benefits, particularly where the breaks in service are merely notional, artificial or caused by administrative circumstances or court orders.Holding thus, a bench of Justice Prashant...
