Labour & Service
Employee Entitled To Interest On Retirement Benefits For Unjustifiable Delay On Part Of Employer: Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Namit Kumar held that where there is an inordinate delay in retirement benefits and the delay is not justifiable, the employee will be entitled to interest. It held that an employee will be entitled to the interest on an amount which was retained by the employer without any valid justification. Brief Facts: The Petitioner,...
Labour & Service Weekly Round-Up: 6th May to 12th May 2024
Delhi High Court Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court Case No.- W.P.(C) 5562/2024, CAV 181/2024, CM APPL. 22929/2024 -Stay. CM APPL. 22930/2024 -Ex./LLOD Case Name- Commissioner of Police & Ors vs Sant Ram A division bench of the Delhi High Court comprising of...
University Must Collect Funds From Alternative Sources To Discharge Pensionary Benefits Under Previous Revised Pay Commission: Bombay High Court
The Bombay High Court bench of Justice Nitin Jamdar and Justice M.M. Sathaye held that upon the implementation of the 7th pay commission, the Shreemati Nathibai Damodar Thackersey Women's University was duty-bound to initiate measures to secure funds and establish a corpus. It held that notwithstanding the absence of grants, the institution bears the responsibility to explore...
Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court
A division bench of the Andhra Pradesh High Court comprising of Hon'ble Mr. Justice Dhiraj Singh Thakur, Chief Justice & Hon'ble Mr. Justice R. Raghunandan Rao, while deciding Writ Petitions in the case of Shaik Mahaboob John vs. High Court of Andhra Pradesh, held that merely participating in the selection process does not automatically ensure an absolute entitlement to...
Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court
A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves...
Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court
A Single Judge bench of the Madras High Court comprising of Hon'ble Justice Battu Devanand while deciding a Writ Petition in the case of V. Radhakrishnan v. State of Tamil Nadu held that it would be unjustified to recover from employees any excess payment made to them by mistake and where there had been inordinate delay in initiating the recovery. Facts: The...
'No Work, No Pay' Can't Be Universally Applied, Especially Where Fault Lies With Employer: Orissa High Court
The Orissa High Court single bench of Justice Sashikanta Mishra held that the principle of “no work, no pay” cannot be universally applied, especially when the employer is at fault for not utilizing the services of the respective employee. Brief Facts: The Petitioner was appointed as Lecturer in History at Joda Women's College on 05.09.1988 and was subsequently terminated by...
Employees Cannot Be Denied Pensionary Benefits Due To Administrative Delays, Not Attributable To Them: Madras High Court
A single judge bench of the Madras High Court comprising of Honourable Mr. Justice Battu Devanand, while deciding a writ petition in the case of S. Achuthan vs. Secretary to Government of Tamilnadu, Educational Department, held that pensionary benefits cannot be denied to employees on the basis of administrative delays that are not attributable to the employees...
Divorced Daughter Not Entitled To Compassionate Appointment Unless Divorce & Dependency On Father Is Proven: Allahabad High Court
Recently, the Allahabad High Court has held that unless a divorced daughter can establish that she was dependent on her father before his demise, she would not be entitled to a compassionate appointment post his demise. The Court held that the divorced daughter must also prove the factum of divorce before the authorities while seeking compassionate appointment. “Likewise, if on...
Mere Mention Of Certain Sections In Title Of Claim Made Before Labour Court Will Not Determine Its Jurisdiction: Allahabad High Court
While dismissing the special appeal field by Jagran Prakashan against the order of the Single Judge, the Allahabad High Court has held that mere mention of certain sections in the title of an application/claim and reference made to a Labour Court will not determine the jurisdiction of the Court. The Court held that jurisdiction can be determined by the substance of the arguments and...
Employees Entitled To Annual Increment On Last Day Of Service For Preceding Year Regardless Of Retirement Date : Punjab & Haryana High Court
A division bench of the Punjab and Haryana High Court comprising of Hon'ble Mr. Justice Sanjeev Prakash Sharma and Hon'ble Mrs. Justice Sudeepti Sharma, while deciding Civil Writ Petitions in the case of Hum Bahadur vs. State of Haryana and others, held that Employees are entitled to an annual increment on the last day of their service for the preceding year, irrespective of their date...
Employees Need To Fulfil Required Years Of Service and Practical Experience as per Rules for Promotion : Madras High Court
A single judge bench of the Madras High Court comprising of Honourable Mr. Justice Mummineni Sudheer Kumar, while deciding Writ Petitions in the case of G. Ravichandran vs. Tamil Nadu State Transport Corporation (Salem) Ltd., held that in order to qualify for promotion, employees must satisfy the necessary practical experience and the required number of years of service. Background...