Labour & Service
Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years
The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice Alok Kumar Sinha was hearing a writ petition seeking issuance of a writ of certiorari to quash the order...
Participation In Strike Alone Cannot Justify Termination Without Enquiry: Patna High Court
The Patna High Court held that participation in a strike, by itself, cannot automatically justify termination of service, particularly in the absence of any finding of illegality of the strike or misconduct attributable to the employee. The Court further held that treating absence during a strike as misconduct or abandonment of service requires adherence to due process, including issuance of...
'Denial Of Permanency To HIV Positive Employee Violates Articles 14 & 16 Of Constitution': Bombay High Court
The Bombay High Court has held that denial of permanency to a workman solely on the ground that he is HIV positive is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The Court observed that when a workman continues to discharge the same duties as his co-workers without any impediment, his HIV status cannot be used as a ground to deny him the benefit...
Labour & Service Law Annual Digest 2025
Allahabad High Court Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment Case Title: Vikrant Sengar v. State Of U.P. And 3 Others [WRIT - A No. - 17732 of 2022] The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full...
Employers Can Withhold Gratuity For Loss Caused By Employee; Disciplinary Rules To Prevail Over Gratuity Act: Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Lanusungkum Jamir and Justice Rai Chattopadhyay held that the Payment of Gratuity Act, 1972 does not override disciplinary rules allowing withholding or forfeiture of gratuity for pecuniary loss caused by employee negligence. Background Facts The respondent was a Presidential appointee to the Board of Directors of the...
Employee Deemed To Have Switched From CPF To More Beneficial GPF-Cum-Pension If No Option Is Exercised By Cut-Off Date: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that beneficial pension scheme conversion is permissible even without an express option. An employee appointed prior to 01.01.1986 is deemed to have switched from the CPF scheme to the more beneficial GPF-cum-Pension Scheme if no positive option to continue...
Can't Be Punished More Than Once: Allahabad High Court Grants Relief To CISF Constable Awarded Punishment Earlier For Same Misconduct
The Allahabad High Court said that a major penalty cannot be imposed on a CISF personnel for the same misconduct for which minor penalty was already imposed, reiterating that "no person can be punished more than once for the same misconduct". Petitioner was appointed as Central Industrial Security Force (CISF) constable in 1987. After getting an increment to his basic pay, petitioner was...
Termination Of Employee Solely For Being HIV-Positive Is Arbitrary & Unlawful: Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that termination of an HIV-positive employee without compliance with safeguards under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 is unlawful. Background Facts The petitioner was appointed as a...
Ex-Servicemen In Special Auxiliary Police Force Cannot Claim Superannuation As Regular Govt Servant: Jharkhand High Court
The Jharkhand High Court recently held that ex-servicemen engaged on a contractual basis under the State's Special Auxiliary Police Force (SAP) battalions cannot claim continuation of service beyond the tenure prescribed under the governing scheme.A Single Judge Bench of Justice Ananda Sen was hearing a case wherein the petitioners were ex-servicemen appointed in terms of a scheme. The scheme...
Rajasthan High Court Orders Fresh Physical Test For Woman Constable Candidate Who Appeared Soon After Childbirth
The Rajasthan High Court has directed the State to “sympathetically” grant another opportunity to a woman candidate to appear in the Physical Efficiency Test (“PET”) for the post of constable-driver, who was disqualified from the PET in the selection process after she could not qualify in the running test since she had given birth just 15 days back.The bench of Justice Munnuri...
No Employer-Employee Relationship Between Principal Employer & Workman Engaged Through Contractor : Delhi HC
A Delhi High Court Bench comprising Justice Renu Bhatnagar held that a workman engaged through a contractor is not an employee of the principal employer if the claimant fails to prove a direct employer-employee relationship with credible evidence. Background Facts The workman was a Driveway Sales Man (DSM) for Indraprastha Gas Limited (IGL) since 2001. He was terminated in 2005....