Labour & Service
Tribunal Has Right To Quash And Set Aside Disciplinary Authority's Orders If They Contravene Settled Principles Of Law Or Principles Of Natural Justice: Jodhpur Central Administrative Tribunal
The Central Administrative Tribunal Jodhpur bench of Justice Rameshwar Vyas and Dr. Amit Sahai held that it may not serve as an appellate authority over decisions made by other appellate bodies but it possesses the authority to annul and invalidate disciplinary orders issued by the disciplinary authority if they contravene well-settled principles of law and violate the principles of natural justice. Brief Facts: The matter pertained to allegations of misconduct leveled against the...
Payment Of Gratuity Act, 1972 Has An Overriding Effect On CCS Pension Rules, 1972: Central Administrative Tribunal, New Delhi
The Central Administrative Tribunal Principal Bench, New Delhi bench of Pratima K. Gupta (Judicial Member) held that the Payment of Gratuity Act, 1972, being an act of Parliament will have an overriding effect on the CCS Pension Rules, 1972. The CCS Pension Rules, 1972, refer to the Central Civil Services (Pension) Rules, which outline the provisions for the pension and retirement benefits for government employees who are covered under the Central Civil Services. Brief Facts: The...
Immediate Financial Hardship' Faced By Family Is Guiding Principle For Offering Compassionate Appointment: New Delhi Central Administrative Tribunal
The Central Administrative Tribunal Principal Bench, New Delhi bench of Dr. Chhabilendra Roul (Administrative Member) held that the primary criterion for granting compassionate appointment to the eligible member of a deceased government employee's family is the “immediate financial hardship” faced by the family. The bench held that the mere passage of time or the fact that a family member is still pursuing education to enhance their qualifications does not meet the fundamental...
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...