Labour & Service
Advocate Forced To Litigate For Fees, Paid After 15-Year Delay By State
A woman advocate practicing for almost 32 years at the Rajasthan High Court, received her professional fees for acting as advocate for the National Rural Health Mission (“NRHM”) in 84 petitions, only after 15 years, upon filing a legal case against the State. The petitioner was engaged by NRHM in 2010 as its advocate for appearing in a bunch of 84 petitions which were decided by the Court...
Jharkhand High Court Refuses To Interfere In 25-Year-Old Lecturer Appointments, Cites Long-Standing Service and Equities
The Jharkhand High Court has declined to interfere with the appointments of three lecturers made more than two decades ago, holding that it would be unjust to unsettle appointments that have remained in place for nearly 25 years, particularly when one possible and plausible view had already been acted upon by the competent authorities.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a writ petition challenging the appointment of three persons and seeking quashing of the...
Dual Claims Under MV Act and Workman's Compensation Act Impermissible: Rajasthan High Court Orders Refund To Insurer
The Rajasthan High Court has asserted that claimants cannot be allowed to claim compensation both under the Motor Vehicles Act, 1988 (“MV Act”) and the Workmen's Compensation Act, 1923 (“WC Act”), for the same accident, and opined that once the compensation was received under one Act, filing subsequent claim under another Act was abuse of the process of law.The bench of Justice...
Past Minor Penalties Can't Trump Consistent 'Outstanding' Service Record: Rajasthan High Court Quashes Compulsory Retirement
The Rajasthan High Court has set aside the order of compulsory retirement of a police inspector based on “ineffectiveness”, opining it to be arbitrary and based on selective reliance on minor penalties while ignoring his consistent outstanding service record that reflected “good” and “very good” performance.The bench of Justice Farjand Ali held that the State failed to follow...
'No Mother Would Hurt Her Child': Orissa High Court Orders 75% Back Wages To Woman Dismissed For Allegedly Throwing Her Baby Into Canal
The Orissa High Court has upheld an order of the Central Administrative Tribunal (CAT) reinstating a female government employee who was dismissed from service for allegedly throwing her baby into a canal causing her death. The Court further modified the Tribunal's order asking the employer to pay 75% of the back wages upon her reinstatement. In the absence of any evidence implicating...
Can Employer Claim Income Tax Deduction On Delayed PF-ESI Deposits? Supreme Court To Settle Conflicting Decisions
The Supreme Court agreed to examine the contentious issue under the tax law of whether an employer is entitled to claim income tax deductions for employees' Provident Fund (PF) and Employees' State Insurance (ESI) contributions that are deposited after the prescribed due date. A bench of Justices JB Pardiwala and Sandeep Mehta issued notice in an appeal filed against the Delhi High...
Industrial Court Proper Forum To Decide Issues Regarding Contract Labour : Supreme Court
The Supreme Court observed that the Industrial Court established under the Industrial Disputes Act, 1947 is the proper forum for adjudication of the dispute concerning the employment and termination of employment of the contract labour. “…the proper forum is the Industrial Court/Court for adjudicating issues concerning the employment and termination of employment of contract...
Continuity Of Service For Pension Benefits Preserved When Technical Resignation Is Followed By Immediate Rejoining Without Break: Orissa HC
A Division Bench of the Orissa High Court comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra held that continuity of service for pension benefits is preserved under CCS (Pension) Rules when an employee submits a technical resignation and immediately rejoins the same post under the same employer without interruption. Background Facts The employee was appointed as...
Ex-Contract Workers Must Get Preference When Principal Employer Replaces Contract Labourers With Regular Workmen : Supreme Court
The Supreme Court held that when an employer intends to employ regular workers in place of contract labour, then the employer must give first preference to the erstwhile contract workers. A bench of Justices Pankaj Mithal and SVN Bhatti outlined the modes and methods of re-employment if discontinuation of the labour contract is valid: "a. If the principal employer intends to employ...
Prior Written Demand Not Necessary For 'Industrial Dispute' To Exist; Apprehended Dispute Can Be Referred : Supreme Court
The Supreme Court on Tuesday (January 27) observed that a trade union is not obliged to serve a formal “charter of demands” on the management before approaching the Conciliation Officer under the Industrial Disputes Act, 1947. The Court observed that the Industrial Disputes Act is both preventive and remedial in character, and therefore a trade union or a worker is entitled to invoke...