Labour & Service
Difference Between Permanent Disability & General Physical Debility Can't Be Blurred To Deny Jobs To Coal Workers Kin: Telangana High Court
The Telangana High Court has held that specific, measurable and permanent disabilities arising from injury or disease cannot be pushed into the residual category of “general physical debility” (a state of weakness or infirmity) under Clause 9.4.0 of the National Coal Wage Agreement (NCWA)-VI.In doing so the court granted relief to five medically invalidated Singareni workers and held...
Power To Dispense With Disciplinary Inquiry Cannot Be Used Casually To Impose Major Penalty: Uttarakhand High Court
The Uttarakhand High Court has held that a disciplinary inquiry cannot be dispensed with in a routine or arbitrary manner while imposing a major penalty. The Court observed that the power to dispense with inquiry must be exercised only in exceptional circumstances and for valid reasons.Justice Manoj Kumar Tiwari was hearing a writ petition filed by a police constable challenging his...
Appellate Authority Can't Enhance Punishment In Employee's Own Appeal Without Following Due Procedure: Rajasthan High Court
The Rajasthan High Court has held that an appellate authority under the disciplinary rules of an organisation cannot enhance the punishment in an appeal filed by the delinquent in his/her own interest. The bench of Justice Munnuri Laxman was hearing a petition challenging the order of the disciplinary authority as well as that of the appellate authority that enhanced the punishment of...
No Bar On Appointment Of Teachers In UP Basic Education Institution For Involvement In Journalism: Allahabad High Court
The Allahabad High Court has reiterated that there is no bar on appointment of teachers in U.P. Basic Education institutions if they are involved in journalism Justice Irshad Ali relied on Tufail Ahmad Vs. State of U.P. and others, where the Allahabad High Court had held that the U.P. Government Servant's Conduct Rules, 1956 was not applicable to teachers of U.P. Basic Education. It was held...
Govt Policy Granting Promotion To Remove Stagnation Must Be Applied Uniformly: Allahabad High Court
While dealing with a case of Telephone Operators working in Board of Revenue being promoted to the post of Lower Division Assistant in Civil Secretariat, the Allahabad High Court has held that government policy granting promotion to remove stagnation must be applied uniformly. The U.P. Board of Revenue Ministerial Service Rules, 1983 govern service conditions of the employees working in...
Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court
The Patna High Court has held that selection or engagement to the post of Anganwadi Sevika under the Integrated Child Development Services (ICDS) scheme does not confer any enforceable statutory right, and disputes relating to such selection ordinarily do not warrant interference in writ jurisdiction.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an...
No Bar On Second Maternity Leave Within 2 Years Of First: Allahabad High Court
The Allahabad High Court has held that there is no bar on second maternity leave being sought by a woman within 2 years of the first maternity leave. Relying on the earlier decision of the Allahabad High Court in Anupam Yadav & Ors versus State of U.P. & Ors., Justice Karunesh Singh Pawar held,“In the case of Anupam Yadav (supra), as is evident from a perusal of the judgment, there...
Karnataka HC Directs IndiGo To Expeditiously Conclude Inquiry Against Pilot Suspended For Allegedly Refusing To Fly Over Fuel Discrepancy
The Karnataka High Court on Tuesday directed IndiGo airlines to expeditiously conclude its enquiry against a pilot suspended last year for delaying a flight by 8 hours.The pilot claims that delay was due to a safety hazard of 1000 kilograms fuel deficit he identified in his pre-flight inspection on the Dubai-Bengaluru route. However, the airline chose to "victimise his diligent action"...
Employees Cannot Be Denied Higher Pension Due To Employer's Fault; EPFO Must Independently Verify Claims: Bombay High Court
The Bombay High Court has held that employees cannot be denied pension benefits merely due to the failure of the employer to furnish the requisite records. The Court observed that in such cases, the EPFO is required to examine all available material and undertake independent verification before rejecting the claim.Justice Amit Borkar was hearing a batch of writ petitions challenging orders...
'Compassionate Appointment Is A Tailored Exception; Not Meant For Delayed Claims': Patna HC Dismisses Appeal After 25-Year Gap
The Patna High Court has reiterated that compassionate appointment is meant to provide immediate financial relief and cannot be claimed after a prolonged lapse of time, dismissing an intra-court appeal filed nearly 25 years after the employee went missing.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a Letters Patent Appeal challenging the judgment...
Patna High Court Limits Interest On Delayed Salary Arrears To 3 Years Before Filing Of Writ Petition, Modifies Single Judge Order
The Patna High Court has held that in cases of delayed claims, relief relating to arrears must ordinarily be restricted to a period of three years prior to the filing of the writ petition, modifying a Single Judge's direction granting interest on salary dues for a much longer period.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters...