Labour & Service
Labour & Service Weekly Roundup: June 17 - June 23, 2024
Bombay High Court Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court Case No. : Writ Petition No. 4754 OF 2009 Citation: 2024 LiveLaw (Bom) 308 Case Name : Shri. Patil Samgonda Namgonda vs. State of Maharashtra A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ...
Mitigating Factors Like Long Service, Promotions To Be Considered While Imposing Punishment On Delinquent Employee: Karnataka High Court
The Karnataka High Court has said that punishment upon a delinquent employee should be commensurate with the gravity of guilt and while awarding punishment, factors like the long and spotless service rendered by the delinquent, the number and nature of promotions earned by him till initiation of disciplinary proceedings, the encomia awarded to him, the shortness of the period remaining...
[Bihar Pension Rules] Employer Cannot Withhold Retirement Benefits If There Is No Pending Departmental Proceedings: Patna High Court
The Patna High Court observed withholding of pension and other benefits of a retired employee was unlawful in absence of any pending departmental proceedings against the retired employee under the Bihar Pension Rules, 1950.Justice Nani Tagia was considering the case of the Petitioner who retired in 2020 from the post of Programme Officer, Education Department. The petitioner received 90%...
Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment. Background of Facts Shri G. Ramesh (Employee) was appointed as...
Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court
A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ Petition in the case of Shri. Patil Samgonda Namgonda vs. State of Maharashtra, held that employee's conduct of filing petitions does not show the abandonment of claim for reinstatement in service. Background Facts The Shri. Patil Samgonda Namgonda (Petitioner) was appointed headmaster...
Setting Cut-Off Dates For Recruitment Is Strictly Within Domain Of Employer, Cannot Be Relaxed To Accommodate Anyone: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that fixing a cut-off date for recruitment processes falls purely in the domain of the employer and such a cut-off date was uniform for all the applicants and could not be relaxed for certain participants. The Court said:“It is a settled position of the law that the setting and beholding of a cut-off date falls purely within the...
[U.P. Recognised Basic School Rules] Employee Shall Be Entitled To Pay If Initial Approval Of Appointment Not Recalled: Allahabad High Court
The Allahabad High Court has held that under the U.P. Recognised Basic School Rules (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, an employee shall be considered to be in service and entitled to his pay if no adverse action or order of termination is issued against him.“The salary of the petitioners cannot be withheld or stopped unless the...
Labour & Service Weekly Roundup: June 10 - June 16, 2024
Allahabad High Court Person Seeking Compassionate Appointment Can't Be Given Second Chance To Qualify Physical Efficiency Test After Having Failed Once: Allahabad High Court Case Title: The State of UP and 5 others v. Geeta Rani W/O Late Man Singh (Head Constable Civil Police) [SPECIAL APPEAL DEFECTIVE No. - 380 of 2024] The Allahabad High Court has held that no second chance can...
After 33 Yrs Of Service, Meghalaya High Court Treats Teacher's Resignation As Voluntary Retirement, Entitling Her To Pensionary Benefits
The Meghalaya High Court has considered the resignation tendered by a teacher as voluntary retirement enabling the teacher to benefit from pension and other entitlements, based on the circumstances of her resignation from the service.Justice H. S. Thangkhiew was considering the claim of the petitioner that she cannot be deprived of her pensionary and other terminal benefits after having...
Pensionary Benefits And Gratuity Can't Be Withheld During Pendency Of Criminal Proceedings Against Employees: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice S.N. Pathak, while deciding Writ Petition in the case of Shanti Devi vs. State of Jharkhand and Others, held that pension and gratuity benefits for employees cannot be withheld while criminal proceedings are ongoing. Background Facts Shanti Devi (Petitioner) was appointed as a Lecturer in BNJ College, Sisai,...
Substituting Legal Representative Of Deceased Employee By Another For Compassionate Appointment Is legal: Bombay High Court
A full bench of the Bombay High Court comprising of Anil S. Kilor, Anil L. Pansare and M.W.Chandwani, JJ., while answering the questions of law in the case of Kalpana and Ors. vs. State of Maharashtra, held that the prohibition on substituting name of one legal representative of deceased employee for compassionate appointment, by another legal representative is arbitrary...
No Absolute Protection For Govt Employees To Continue Service At Desired Location, Administrative Exigency Precedes Familial Convenience: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that the scope of judicial review against transfer orders of government employees is minuscule. The Court observed that transfer being part and parcel of a transferable government job, government employees do not have fundamental protection to continue serving at a location of their liking.The bench of Justice Sameer Jain observed that...