Labour & Service
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....
Preliminary Enquiry Can't Be Sole Basis For Dismissal Once Regular Enquiry Fails: Rajasthan High Court Reinstates Constable
Rajasthan High Court set aside the dismissal of a police constable imposed by senior police authority while exercising suo-motu review powers under Rule 32 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, opining that preliminary enquiry could not be made sole basis of punishment when such material did not come on record during the regular enquiry.The bench of...
Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the employee who availed Career Advancement Scheme and subsequently left the cadre cannot claim regular promotion benefits granted later to Bhumi Sahayak cadre. Background Facts The petitioner was appointed as a Bhumi Sahayak in 1984. After completing ten years...
'Fought For Justice, Got Justice, Then Lost Justice': J&K&L High Court Restores Seniority Of 1979 Police Recruits After Nearly Four Decades
The Jammu and Kashmir and Ladakh High Court has allowed a long-pending Letters Patent Appeal filed by a batch of 1979 direct recruit Sub Inspectors of the Jammu and Kashmir Police, sharply criticising the manner in which binding judicial verdicts were repeatedly diluted through subsequent litigation and administrative actions.A Division Bench of Justices Rajnesh Oswal and Rahul Bharti set...