Labour & Service
Workman's Past Conduct Of Unauthorized Absence Can Be Considered While Deciding Quantum Of Punishment For New Offence: Central Administrative Tribunal, Lucknow
The Central Administrative Tribunal, Lucknow division bench of Pankaj Kumar (Administrative Member) and Anil Kumar Jha (Judicial Member) held that a Workman's past conduct of unauthorized absence can be taken into consideration by the Disciplinary Authority while deciding the quantum of punishment for a new offence or unlawful conduct. Brief Facts: The Workman was appointed as...
Excess Payment Of Allowances To Employees Not Recoverable Due To Inadvertent Error On Part Of Employer: New Delhi Central Administrative Tribunal
The Central Administrative Tribunal Principal Bench, New Delhi of Manish Garg (Judicial Member) and Dr. Anand S. Khati (Administrative Member) held that the excess payment of allowances to an employee are not recoverable if it was on the basis of an inadvertent error on part of the employer. Further, the Tribunal held that the there was no misrepresentation or any act of...
While Resignation From Service Is A Bilateral Act, Request For Resignation From Service Should Be Promptly Addressed By Management: Central Administrative Tribunal Cuttack
The Central Administrative Tribunal Cuttack division bench of Sudhi Ranjan Mishra (Judicial Member) and Pramod Kumar Das (Administrative Member) held that while resignation from service is a bilateral act and is subject to acceptance by the employer, the resignation request should be promptly addressed by the Management. The bench noted that the applicant submitted his request...
Court Cannot Interpret Conditions Of Advertisement Contrary To Plain Language Of The Same: Bombay High Court
A Division bench of the Bombay High Court comprising of Justice A.S. Chandurkar and Justice Jitendra Jain while deciding a Writ Petition in the case of Ashok Mallinath Halsangi & Ors vs State of Maharashtra & Ors has held that the court in the garb of judicial review cannot sit in the chair of appointing authority to decide what is best for the employer and interpret the conditions...
Termination Order Based On Enquiry For Misconduct Behind The Back Of The Officer Is Violative Of PNJ: Delhi HC
A Division Bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta while deciding a Civil Writ Petition in the case of Govt. of NCT of Delhi & Ors vs Virender has held that a termination order which is based on the report of an inquiry in which misconduct of a definite nature was arrived at behind the back of the officer is violative...
Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier. The High Court held that time spent...
Mere Implication Of Name In Vigilance Case Cannot Prevent Acceptance Of Application For Voluntary Retirement: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Aditya Kumar Mohapatra while deciding a Writ Petition in the case of Govind Nag vs State of Orissa & Ors has held that mere implication of the name of the officer in a vigilance case could not stand in way of accepting an application for voluntary retirement of the officer. Background Facts Govind Nag...
Non-Consideration Of Representation To Statutory Authority Amounts To Dereliction Of Duty: Madras High Court
A single judge bench of the Madras High Court comprising of Justice R.N.Manjula while deciding a Writ Petition in the case of C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors. has held that non-consideration of a representation made to a statutory authority amounts to dereliction of duty. Background Facts C. Chandran (Petitioner) was appointed...
Management Has Right To Restructure Cadres And Merge Posts, Tribunals Can't Interfere With Policy Decisions: Central Administrative Tribunal, Cuttack
The Central Administrative Tribunal (Cuttack) division bench of Shri Sudhi Ranjan Mishra (Judicial Member) and Shri Pramod Kumar Das (Administrative Member), held that the Aviation Research Centre had the right to reorganize its cadre structures, effect mergers of cadres, or create new cadres based on necessity and work requirements. The bench stated that it could not interfere...
Employee's Provident Fund Appellate Tribunal Has Power To Reduce Or Waive Damages Imposed On The Employer: Madras High Court
A division bench of the Madras High Court comprising of Justice D. Krishnakumar and Justice R. Vijayakumar while deciding a Writ Appeal in the case of Regional Provident Fund Commissioner, EPFO vs President Officer, Employee's Provident Fund Appellate Tribunal & Ors has held that , Employee's Provident Fund Appellate Tribunal is empowered to reduce or waive damages imposed...
Casual And Daily Wage Workers Do Not Possess Right To Seek Regularization: Central Administrative Tribunal, Allahabad
The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash held that casual labourers or daily wage workers do not possess the right to seek regularization. The bench held that the Workman's claim of serving as an 'Outsider Officiating Sweeper' for a significant duration remained unsubstantiated. The certificate provided by the department alone did not suffice...
Estoppel Against Challenging The Nature Of Employment Once It Duly Accepted: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Justice H.S. Thangkhiew while deciding a Writ Petition in the case of Gurdeep Singh & Ors vs UOI & Ors has held that there is an estoppel against challenging the nature of employment once the employee has duly accepted the same Background Facts A total of 14 Petitioners were part-time cleaners and sweepers...