Labour & Service
Domain Of Department To See Where, When, And How Its Employee Can Be Posted, Judicial Review Of Transfers Is Limited: Central Administrative Tribunal Ahmedabad
The Central Administrative Tribunal Ahmedabad bench of Umesh Gajankush (Judicial Member) held that it is the domain of the employer/department to see where, when, and how its employee can be posted. The bench held that judicial review of transfers is limited and can only be contested on grounds of incompetency or malfeasance. Brief Facts: The matter pertained to a transfer order issued by the General Manager (Admin), Opto Electronics Factory, transferring the Applicant from...
Payment Of Salary Or Pension Is Unexceptionable, Is Integral Aspect Of Article 21 & Article 300A Of Employees Or Ex-Employees: Central Administrative Tribunal Cuttack
The Central Administrative Tribunal Cuttack bench of Sudhi Ranjan Mishra (Judicial Member) and Pramod Kumar Das (Administrative Member) held that the payment of salaries and/or pension is unexceptionable. Salaries represent compensation for services rendered by employees and are thus rightfully due to them. The Tribunal emphasized that the entitlement of an employee or former employee to their salary or pension constitutes an integral aspect of their fundamental rights, including the...
Removal From Service For Unauthorized Absence Is Excessively Harsh Punishment: Central Administrative Tribunal, Allahabad
The Central Administrative Tribunal, Allahabad bench of Justice Om Prakash (Judicial Member) and Mohan Pyare (Administrative Member) held that removal from service for unauthorized absence is an excessively harsh punishment. It was held that generally, courts and tribunals do not intervene in disciplinary matters by way of judicial review. However, interference in the quantum of punishment is confined to exceptional cases where the punishment is shockingly disproportionate to the...
Workman's Past Conduct Of Unauthorized Absence Can Be Considered While Deciding Quantum Of Punishment For New Offence: Central Administrative Tribunal, Lucknow
The Central Administrative Tribunal, Lucknow division bench of Pankaj Kumar (Administrative Member) and Anil Kumar Jha (Judicial Member) held that a Workman's past conduct of unauthorized absence can be taken into consideration by the Disciplinary Authority while deciding the quantum of punishment for a new offence or unlawful conduct. Brief Facts: The Workman was appointed as a 'Safaiwala' on compassionate grounds following the death of his father before retirement. He was removed...
Excess Payment Of Allowances To Employees Not Recoverable Due To Inadvertent Error On Part Of Employer: New Delhi Central Administrative Tribunal
The Central Administrative Tribunal Principal Bench, New Delhi of Manish Garg (Judicial Member) and Dr. Anand S. Khati (Administrative Member) held that the excess payment of allowances to an employee are not recoverable if it was on the basis of an inadvertent error on part of the employer. Further, the Tribunal held that the there was no misrepresentation or any act of omission or commission on part of the employees. Brief Facts: The matter pertained to an Office Order issued by...
While Resignation From Service Is A Bilateral Act, Request For Resignation From Service Should Be Promptly Addressed By Management: Central Administrative Tribunal Cuttack
The Central Administrative Tribunal Cuttack division bench of Sudhi Ranjan Mishra (Judicial Member) and Pramod Kumar Das (Administrative Member) held that while resignation from service is a bilateral act and is subject to acceptance by the employer, the resignation request should be promptly addressed by the Management. The bench noted that the applicant submitted his request for resignation from service on 08.07.2014 but the Director of Intelligence Bureau & Joint Director,...
Court Cannot Interpret Conditions Of Advertisement Contrary To Plain Language Of The Same: Bombay High Court
A Division bench of the Bombay High Court comprising of Justice A.S. Chandurkar and Justice Jitendra Jain while deciding a Writ Petition in the case of Ashok Mallinath Halsangi & Ors vs State of Maharashtra & Ors has held that the court in the garb of judicial review cannot sit in the chair of appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same. Background Facts The State of...
Termination Order Based On Enquiry For Misconduct Behind The Back Of The Officer Is Violative Of PNJ: Delhi HC
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. Background Facts Virender (Respondent) was appointed as Warden in...
Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier. The High Court held that time spent in proceedings before the civil court would not count towards the period of limitation. Further, the workman...
Mere Implication Of Name In Vigilance Case Cannot Prevent Acceptance Of Application For Voluntary Retirement: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Aditya Kumar Mohapatra while deciding a Writ Petition in the case of Govind Nag vs State of Orissa & Ors has held that mere implication of the name of the officer in a vigilance case could not stand in way of accepting an application for voluntary retirement of the officer. Background Facts Govind Nag (Petitioner) was appointed as Inspector of Cooperative Society in 1996. During the course of employment of the...
Non-Consideration Of Representation To Statutory Authority Amounts To Dereliction Of Duty: Madras High Court
A single judge bench of the Madras High Court comprising of Justice R.N.Manjula while deciding a Writ Petition in the case of C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors. has held that non-consideration of a representation made to a statutory authority amounts to dereliction of duty. Background Facts C. Chandran (Petitioner) was appointed as Tradesman in Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors (Respondent) in 1989 and...
Management Has Right To Restructure Cadres And Merge Posts, Tribunals Can't Interfere With Policy Decisions: Central Administrative Tribunal, Cuttack
The Central Administrative Tribunal (Cuttack) division bench of Shri Sudhi Ranjan Mishra (Judicial Member) and Shri Pramod Kumar Das (Administrative Member), held that the Aviation Research Centre had the right to reorganize its cadre structures, effect mergers of cadres, or create new cadres based on necessity and work requirements. The bench stated that it could not interfere with such policy decisions unless they violated fundamental rights, and statutory provisionsstatutory...