Labour & Service
Departmental Proceedings Against Retired Employees Can't Be Initiated For Incidents Occurring More Than Four Years Before Issuance Of Charge Memo: Madras HC
A Division bench of the Madras High Court comprising Chief Justice Manindra Mohan Shrivastava and Justice R. Poornima held that the departmental proceedings against a retired government servant cannot be instituted for an event that took place more than four years prior to the issuance of the charge memo. Background Facts The petitioner was a judicial employee. He purchased two...
Tests To Determine Employer-Employee Relationship In Cases Under Industrial Disputes Act, Factories Act Etc : Supreme Court Explains
In a significant judgment clarifying the principles governing the determination of employer–employee relationships, the Supreme Court discussed the tests to be applied while adjudicating disputes under legislations such as the Industrial Disputes Act, 1947 and the Factories Act, 1948.A Bench of Justice JB Pardiwala and Justice Sandeep Mehta discussed the tests to determine...
Old Pension Scheme As Per Job Advt Can't Be Denied Because Employees Joined After 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 appointees selected pursuant to advertisements issued prior to 01.01.2004 are entitled to the benefits of the Old Pension Scheme, even if their actual appointment or joining occurred after the introduction of the New Pension Scheme. Background Facts...
Chain Pulling By Railway Employee To Help Boarding: Doesn't Constitute Misconduct To Reduce Pay : Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that mere chain pulling by a Railway employee without allegation or proof of absence of reasonable and sufficient cause does not constitute misconduct under Railway service rules. Background Facts The petitioner was employed as a Head Ticket Examiner with the...
Classification Between Allopathic & Ayurvedic Doctors Performing Same Function Unreasonable: Rajasthan HC
A Division Bench of the Rajasthan High Court comprising Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit held that classification between Allopathic and Ayurvedic doctors performing the same functions is unreasonable and that Ayurvedic doctors are entitled to the same enhanced retirement age of 62 years along with all consequential benefits. Background Facts The...
Can't Claim Salary Arrears For Period Of Honorary Service Prior To Prospective Regularization: Gauhati HC
A Division bench of the Gauhati High Court comprising JusticeMichael Zothankhuma and Justice Anjan Moni Kalita held that an employee cannot claim arrear salary for honorary service prior to regularization if the appointment conditions were accepted and regularization order granted benefits only prospectively. Background Facts The appellant was appointed as a Subject Teacher for...
Application Of Roster Point To Clear And Anticipated Vacancies Prevents Anomalous Appointments: Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Saugata Bhattacharyya held that applying roster points separately to clear and anticipated vacancies is necessary to prevent anomalies and ensure fairness if anticipated vacancies did not materialize. Background Facts The Public Service Commission, West Bengal published an advertisement...
Dependent Can Challenge Termination & Claim Service Benefits Of Missing Employee Who Is Presumed Dead After Seven Years: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that dependent wife of a missing government employee can challenge his ex-parte termination and claim the service benefits of the missing employee who is presumed dead after seven years. Background Facts The husband of Respondent was employed as a...
No Salary Payable For Period Of Unauthorized Absence During Higher Studies Without Official Deputation: J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that Post-graduate studies pursued without official deputation or permission do not entitle government employees to salary under Article 44-A of J&K Civil Service Regulations, 1956. Background Facts The respondents were appointed as Assistant Surgeons and...
Pendency Of Criminal Case Doesn't Automatically Bar Continuation Or Conclusion Of Departmental Proceedings : Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that pendency of a criminal case does not automatically bar the continuation or conclusion of departmental proceedings. Further the stay on disciplinary proceedings pending a criminal trial should only be for a reasonable period, and that the prolonged duration of...
Adoption Of Pay Revision Scheme Doesn't Automatically Bind Employer To Its Retrospective Date : Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a cooperative society's decision to implement ROPA 2009 from August 2014 without arrears is valid, and it is not bound to grant benefits from January 1, 2006. Background Facts The appellant was appointed as a Junior Clerk by the Board of Directors of...
Retirees Completing 12 Months Service By 30th June Entitled To Annual Increment For Pension Revision: P&H HC
A Division bench of the Punjab & Haryana High Court comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor held that employees retiring on 30th June are entitled to the benefit of annual increment if they completed 12 months of satisfactory service. Background Facts The petitioners were employees of the State of Haryana. They sought quashing of Rule 10 of the...