Labour & Service Weekly Round-Up: 28th April to 5th May 2024

Delhi High Court 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. Candidate In Final Selection List Does Not Have An Indefeasible Right To Appointment : Delhi High Court Reiterates Case No.- W.P.(C) 4949/2024 & CM APPL. 20278/2024 Case Name- Dr. Shashi Bhushan Vs. University of Delhi Citation: 2024 LiveLaw (Del) 542 A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Writ Petition in the case of Dr. Shashi Bhushan Vs. University of Delhi has held that a candidate even in the final selection list does not have an indefeasible right to appointment. 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 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. Bombay High Court Dismissal From Service Is Disproportionate For Misconduct Of Overwriting Reasons Of Absence On Gatepass: Bombay High Court Case No.- WRIT PETITION NO. 1807 OF 2021 Case Name- Danfoss Systems Ltd vs Johnson Gomes A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Danfoss Systems Ltd vs Johnson Gomes has held that dismissal of service of a workman was disproportionate for an offence of overwriting the reason of absence on the Gatepass. Calcutta High Court Interruption In Service Due To Accident Would Not Amount To Break In Service For The Purpose Of S. 2A Of Gratuity Act: Calcutta High Court Case No.- WPA 8705 of 2024 Case Name- M/s. Dalhousie Jute Company Vs. The State of West Bengal & Ors. A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of M/s. Dalhousie Jute Company Vs. The State of West Bengal & Ors. has held that non-rendering of uninterrupted service due to accident would not amount to break in service for the purposes of Section 2A of Payment of Gratuity Act, 1972 (Gratuity Act). No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court Case No.- WPA 20897 of 2013 Case Name- Animesh Singha Mahapatra and Ors. vs State of WB and Ors A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. vs State of WB and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in the advertisement itself or under some rule governing the recruitment. Employer Under Obligation To Ensure No Prejudice Is Caused To Employee In Disciplinary Proceedings.: Calcutta High Court Case No.- WPST 71 of 2024 Case Name- Saurav Krishna Basu vs State of West Bengal A Division Bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty while deciding a Writ Petition in the case of Saurav Krishna Basu vs State of West Bengal has held that employer is under an obligation in a disciplinary proceeding to ensure that no prejudice is caused to the employee and this obligation involves a duty to act fairly. Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court Case Title: Sk. Ekbal @ Ekbal Sk. vs The State of West Bengal and Ors. Case No.: WPA 23514 of 2023 The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. The bench noted that the establishment of a period of 'continuous service' is a prerequisite for the payment of gratuity and the burden of proof lies with the...

Labour & Service Weekly Round-Up: 28th April to 5th May 2024

Rajesh Kumar

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