Labour & Service
Recovery Of Excess Payment To Employee On Ground Of Erroneous Pay Scale, Cannot Be Made At End Of Service: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Hon'ble Justice Rajasekhar Mantha, while deciding Writ Petition in the case of Badal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors., held that irrespective of whether the upgradation of pay scale and posts is made contrary to law, recovery of any excess payment received by the employee on the ground of...
Banks Should Release Title Deeds Of Property Which Were Not Intended To Be Secured Asset For A Particular Loan : Orissa High Court
A single judge bench of the Orissa High Court comprising of Dr. S.K. Panigrahi, J., while deciding a Writ Petition in the case of Balaram Choudhury vs. Indian Bank, Bhubaneshwar, held that banks have to release the title deeds of property which is not intended to be secured asset for a particular loan as it will not create any security interest in favor of the bank. Background...
Deductions Made Under GPF Scheme Do Not Automatically Entitle Employees To Pension Benefits : Madras High Court
A single judge bench of the Madras High Court comprising of Honourable Mr. Justice Mummineni Sudheer Kumar, while deciding Writ Petition in the case of Pipmate Integrated Staff Welfare Association vs. Chief Secretary, Government of Puducherry, held that Employees are not automatically entitled to pension benefits based on deductions made under the GPF scheme. Background Facts...
Entitlement To Gratuity Not Dependent On Retirement Age But Number Of Years Of Service : Allahabad High Court
The Allahabad High Court has held that gratuity would be payable to a government employee based on his years of service and not on the age at which he retires.“Retirement at sixty years is not an entitling fact, which leads the employee to acquire a right to receive gratuity, which he otherwise does not have. An employee gets his right to gratuity according to the number of the years that...
Disciplinary Authority Is Obligated To Follow Rules And Principles Of Natural Justice, Not Only Justice Is Done But Manifestly Seen To Be Done: CAT Cuttack
TheCentral Administrative TribunalCuttack bench of Sudhi Ranjan Mishra (Judicial Member) and Pramod Kumar Das (Administrative Member) held that enquiry proceedings cannot be conducted with the closed mind. It held that the rules of natural justice are required to be observed to ensure not only that justice is done but it is manifestly seen to be done. The Tribunal held...
Statement In A Preliminary Enquiry Cannot Be Considered If Witnesses Are Not Examined In A Regular Enquiry: CAT Allahabad
The Central Administrative Tribunal Allahabad bench of Justice Om Prakash (Judicial Member) and Mohan Pyare (Administrative Member) held that if witnesses have not been examined in the regular enquiry, their earlier statement recorded during the preliminary enquiry cannot be taken into consideration. Brief Facts: The applicant was employed at the G.D.S.B.P.M Sarai Rajputani...
Pendency Of Vigilance Clearance is not Grounds To Withhold the Release Of Pensionary Benefits For An Indefinite Period: CAT New Delhi
A single judge of the Central Administrative Tribunal, Principal Bench, New Delhi comprising of Dr. Chhabilendra Roul (Administrative Member) while deciding Original Application in the case of Dr. Sarbesh Bhattacharjee vs UOI & Anr has held that mere pendency of vigilance clearance from the vigilance wing cannot justify withholding release of pensionary benefits for an...
President's Power Of Review Under Rule 29(A) Of CCS (CCA) Rules 1965 Is Of A Revisionary Nature And Not Of A a Nature Of Reviewing One's Own Order: CAT Cuttack
The Central Administrative Tribunal Cuttack bench of Sudhi Ranjan Mishra (Judicial Member) and Pramod Kumar Das (Administrative Member) held that under Rule 29 (A) of CCS (CCA) Rules 1965 the President has the power to review any order under the CCS (CCA) Rules, 1965 including an order of exoneration. It held that the power of review of the President is in the nature of revisionary...
The Labour Court Must Give The Employer An Opportunity To Be Heard Before Concluding The Enquiry : Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that if the inquiry conducted by the employer was found illegal or violative of principles of natural justice, the Labour Court is legally obligated to provide an opportunity of hearing to the employer before deciding the matter. The bench concluded that both the Single Judge bench and the...
As Long As There Is A Manpower Requirement By The Employer, The Employee's Services Should Be Utilized Without Resorting To Replacing With Casual Workers: Madras HC
A Single-Judge bench of Madras High Court comprising of Justice Battu Devanand while deciding a writ petition in the case of P. Elilarasan v. The Executive Director, Air India Ltd. & Ors. has held that as long as there is a manpower requirement by the employer, the services of the employee ought to be utilized and at no point of time should he be replaced by any other causal...
Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad
The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash (Judicial Member) held that compassionate appointment is not an absolute right and is given to family members of the deceased employee to overcome 'sudden' crisis.Brief Facts: The father of the Applicant was serving in the Defense Department. He passed away in a road accident. The mother of...
Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court
A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer Background Facts P.T. Rajeevan (Respondent) was working as a head load worker in the...