Labour & Service Monthly Digest: May 2024

Delhi High Court Termination Order Based On Enquiry For Misconduct Behind The Back Of The Officer Is Violative Of PNJ: Delhi HC Case No.- W.P.(C) 12696/2023 Case Name- Govt. of NCT of Delhi & Ors vs Virender Citation: 2024 LiveLaw (Del) 558 A Division Bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta while deciding a Civil Writ Petition in the case of Govt. of NCT of Delhi & Ors vs Virender has held that a termination order which is based on the report of an inquiry in which misconduct of a definite nature was arrived at behind the back of the officer is violative of principles of natural justice. When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates Case No.- W.P.(C) 5193/2024 & CM APPL. 21253/2024 Case Name- AIIMS vs Ashok Kumar Citation: 2024 LiveLaw (Del) 547 A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Predominant Function Of Undertakings Performing Several Functions Must Be Considered For Determination Of Status As 'Industry' Under ID Act: Delhi High Court Case Title: Kanchanjunga Building Employees Union Vs Kanchanjunga Flat Owner's Society & Anr Citation: 2024 LiveLaw (Del) 545 Case Number:W.P.(C) 6193/2008 The Delhi High Court single bench of Justice Chandra Dhari Singh reiterated the established principles to determine the status of an undertaking as an 'industry' under the Industrial Disputes Act, of 1947. The bench held that when an undertaking performs multiple functions, its predominant function has to be considered for the determination of its status. It was further observed that associations and societies of apartment owners employ workers for personal service. Therefore, those workers would not be considered as workmen and such societies would not be considered as industry under the Industrial Disputes Act. Burden Of Proof In Establishing Employer-Employee Relationship Rests With Party Claiming It, Delhi High Court Dismisses Writ Petition Filed By Workmen Case Title: Kanchanjunga Building Employees Union Vs Kanchanjunga Flat Owner's Society & Anr Citation: 2024 LiveLaw (Del) 543 Case Number:W.P.(C) 6193/2008 The Delhi High Court single bench of Justice Chandra Dhari Singh held that the onus of proof in establishing an employer-employee relationship rests with the party making such a claim. The High Court dismissed a writ petition filed by certain Workmen hired on a contractual basis, who failed to establish a direct relationship with the Association they were working for. Transfer, Being An Exigency Of Service, Is Neither A Matter Of Right Nor Choice: Delhi High Court Case No.- W.P.(C) 4793/2024 & CM 19609/2024 Case Name- Pawan Kumar Mathuri. vs UOI & Ors Citation: 2024 LiveLaw (Del) 544 A Division 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 Pawan Kumar Mathuri. vs UOI & Ors. has held that transfer, being an exigency of service, is neither a matter of right nor a matter of choice Kerala High Court Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court Citation: 2024 LiveLaw Ker 286 Case No.- MFA (ECC) NO.52 OF 2018 Case Name- Area Manager, Food Corporation of India vs P.T. Rajeevan A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer. Bombay High Court Leave Encashment Akin To Salary, Employee Cannot Be Deprived Without Valid Statutory Provision: Bombay High Court Case no. – Writ Petition No. 12161 of 2019 Case Title – Dattaram Atmaram Sawant v. Vidharbha Konkan Gramin Bank Leave encashment is not a bounty but right earned by employee, the Bombay High Court observed while affirming the entitlement of two former employees of Vidharbha Konkan Gramin Bank to encash their accrued privilege leave, despite their resignations from the bank. A division bench of Justice Nitin Jamdar and Justice MM Sathaye allowed the employees' writ petitions and directed the bank to pay the amount for leaves accumulated by two employees who resigned from the bank. Burden Of Proving Completion Of 240 Days of Service In Any Calendar year rests On Petitioner: Bombay High...

Labour & Service Monthly Digest: May 2024

Rajesh Kumar

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