All High Courts
Workman Can't Claim Promotion When His Services Are Not Regularized, Punjab And Haryana High Court Dismisses Writ Petition
The Punjab and Haryana High Court single bench of Justice Namit Kumar held that a workman cannot claim promotion at a date when his services were not regularized. The bench dismissed a writ petition filed by a workman who was allegedly not promoted by the Management despite being in a higher position in the seniority list. The suit for declaration was also filed 10 years later from the date of the impugned order, which was deemed to be time-barred. Brief Facts: The Workman was...
Time For Delhi High Court To Have 'Human Rights Division' To Implement New Criminal Laws: Justice Anup Jairam Bhambhani
Justice Anup Jairam Bhambhani on Thursday said that it is time for the Delhi High Court to have a separate “Human Rights Division” to implement the new criminal laws and to redress grievances of human rights violation cases.The new criminal laws - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July 01, 2024.“With the expanding interest in criminal justice reform, as is reflected by the enactment of the new sanhitas,...
Arvind Kejriwal In Jail As Per Judicial Orders, ECI Has No Jurisdiction Over Rights Of Undertrials In Judicial Custody: Delhi High Court
While dismissing a PIL to provide information about the arrest of a politician immediately to the Election Commission of India (ECI) when the Model Code of Conduct is in force, the Delhi High Court has said that the plea “effectively challenges” the arrest of Chief Minister Arvind Kejriwal who is in judicial custody as per judicial orders.A division bench headed by Acting Chief Justice Manmohan said that the ECI does not have any jurisdiction with respect to the rights of undertrials...
Imposing Multiple Punishments Cumulatively On Workman For One Single Act Violates Principle Of Double Jeopardy: Punjab And Haryana High Court
The Punjab and Haryana High Court (“High Court”) single bench of Justice Sanjay Vashisth held that imposition of two punishments cumulatively for one single act of the Workman violates the principle of double jeopardy. The High Court noted that the Labour Court imposed two penalties on the Workman, depriving him of one increment and back wages simultaneously. The High Court partially modified the order and directed the Management not to deprive the Workmen of the increment. Brief...
Individuals Involved In Manual Work Are Considered Workmen Under ID Act, In Absence Of Direct Oversight Over Subordinates In Supervisory Role: Bombay High Court
The Bombay High Court single bench of Justice Amit Borkar held that employees predominantly engaged in manual, skilled, and unskilled work, in absence of sufficient evidence of direct oversight of subordinate employees, qualify as 'workmen' under Section 2(s) of the ID Act. Brief Facts: The Management, an engineering company, was involved in manufacturing various products, including furniture items. Meanwhile, the Respondent was a union registered under the Trade Unions Act of 1926,...
No Wrongdoing Can Be Attributed To Consensual Sexual Acts Between Adults Regardless Of Their Marital Status: Delhi High Court
The Delhi High Court has observed that no wrongdoing can be attributed if two consenting adults indulge in consensual sexual activity, regardless of their marital status.“While societal norms dictate that sexual relations should ideally occur within the confines of marriage, no wrongdoing can be attributed if consensual sexual activity occurs between two consenting adults, regardless of their marital status,” Justice Amit Mahajan said. The court observed that false allegations of sexual...
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. A bench of Justice Gurpal Singh Ahluwalia held that if a wife is residing with her husband during the subsistence of a valid marriage, then any sexual intercourse or sexual act by a man with his own wife not below...
Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction. The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of 3 years because the matter was pending before the Labour Commissioner. Brief Facts: The...
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench ofJustice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as an RPF Constable, was absent from duty due to compelling circumstances such as a health emergency and...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge status typically refers to a classification or designation given to employees, often in government or public sector...
BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam
The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized from Chatterjee and co-accused Arpita Mukherjee denied the bail application and held:I have taken into...
Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC
The Kerala High Court held that a person in jail is exempted from appearing in person at the registration office for registration of any document as per Section 38 of the Registration Act, 1908.Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete the registration process. “Going by Section 38 of the Act 1908, a person who is in jail is exempted from appearing...