Labour & Service
Mere Filing Of Representation Doesn't Extend Period Of Limitation Unless Any Action Is Taken : Jammu & Kashmir High Court
A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjay Dhar while deciding a Writ Petition in the case of Mohd. Sadeeq vs State of J & K and Anr. has held that mere filing of representations does not extend the period of limitation unless an action has been taken on those representations. Background Facts Mohd. Sadeeq (Petitioner) was...
Government Employee Can't Be Denied Notional Increment Merely Because They Retired On Last Day of June And Not On 1st July: Allahabad Central Administrative Tribunal
The Central Administrative Tribunal, Allahabad bench of Justice Om Prakash held that the employees are entitled to one annual increment earned on the last day of their service. The bench held that since the applicants retired on the last of June, they were entitled one notional increment due and cannot be denied increment merely because they retired the next day of...
Management Under Obligation To Give Reasoned Order While Considering Regularization Of Services: Central Administrative Tribunal, Kolkata
The Central Administrative Tribunal, Kolkata division bench of Mr Anindo Manjumdar (Administrative Member) and Mr Rajnish Kumar Rai (Member) held that the Management should not dismiss the Workman's case for regularization summarily and must give a reasoned and speaking order after considering the relevant circulars and principles established by the Supreme Court. Brief...
Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Commissioner of Police & Ors vs Sant Ram has held that enquiry cannot be dispensed with only on the basis of a perceived notion that the accused being a police personnel would threaten the witnesses and holding of an enquiry would...
Tribunal Order On Legality Of Domestic Enquiry Can Be Challenged Without Waiting For Final Order : Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of CSB Bank Ltd vs UOI & Anr. has held that an order of a Tribunal can be challenged in a writ petition without waiting for the final order on ground of being in excess of jurisdiction. Background Facts In a reference before the...
Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. It held that it is incumbent upon the employer to place on record substantial evidence to prove that specific notice was issued to the workman before alleged abandonment...
Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits.Brief Facts:The period of service rendered by the Petitioner's husband (“Deceased Workman”) before his regularization under...
Workman's Voluntary Refusal To Work In Reassigned Department After Departmental Transfer Doesn't Amount To Termination Of Service: Gujarat High Court
The Gujarat High Court single bench of Justice Mauna M. Bhatt held that a workman's refusal to work in a reassigned department after a departmental transfer does not constitute 'termination' by the Management if the provisions of such transfers were included in the Workman's appointment letters. Brief Facts: The Petitioner (“Workman”) was employed as a Machine Operator in...
Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court
The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. The bench noted that the establishment of a period of 'continuous service' is a prerequisite for the payment of gratuity and the burden of proof lies with the Workman. Brief Facts: The Workman was employed...
Management Cannot Deny Interest On Delayed Payment Of Ex-gratia Amount For Mistake Committed By Its Official: Central Administrative Tribunal, Allahabad
The Central Administrative Tribunal, Allahabad bench of Justice Om Prakash held that the Management cannot deny the interest on delayed payment of ex-gratia amount to the employee for a mistake or delay committed by its official. It held that there is no reason that the employee or family members of the employee should be put into financial disadvantage if delay in actual payments is...
Employer Under Obligation To Ensure No Prejudice Is Caused To Employee In Disciplinary Proceedings.: Calcutta High Court
A Division Bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty while deciding a Writ Petition in the case of Saurav Krishna Basu vs State of West Bengal has held that employer is under an obligation in a disciplinary proceeding to ensure that no prejudice is caused to the employee and this obligation involves a duty to...
No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. vs State of WB and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in...