Labour & Service
Labour & Service Weekly Roundup: June 10 - June 16, 2024
Allahabad High Court Person Seeking Compassionate Appointment Can't Be Given Second Chance To Qualify Physical Efficiency Test After Having Failed Once: Allahabad High Court Case Title: The State of UP and 5 others v. Geeta Rani W/O Late Man Singh (Head Constable Civil Police) [SPECIAL APPEAL DEFECTIVE No. - 380 of 2024] The Allahabad High Court has held that no second chance can...
After 33 Yrs Of Service, Meghalaya High Court Treats Teacher's Resignation As Voluntary Retirement, Entitling Her To Pensionary Benefits
The Meghalaya High Court has considered the resignation tendered by a teacher as voluntary retirement enabling the teacher to benefit from pension and other entitlements, based on the circumstances of her resignation from the service.Justice H. S. Thangkhiew was considering the claim of the petitioner that she cannot be deprived of her pensionary and other terminal benefits after having...
Pensionary Benefits And Gratuity Can't Be Withheld During Pendency Of Criminal Proceedings Against Employees: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice S.N. Pathak, while deciding Writ Petition in the case of Shanti Devi vs. State of Jharkhand and Others, held that pension and gratuity benefits for employees cannot be withheld while criminal proceedings are ongoing. Background Facts Shanti Devi (Petitioner) was appointed as a Lecturer in BNJ College, Sisai,...
Substituting Legal Representative Of Deceased Employee By Another For Compassionate Appointment Is legal: Bombay High Court
A full bench of the Bombay High Court comprising of Anil S. Kilor, Anil L. Pansare and M.W.Chandwani, JJ., while answering the questions of law in the case of Kalpana and Ors. vs. State of Maharashtra, held that the prohibition on substituting name of one legal representative of deceased employee for compassionate appointment, by another legal representative is arbitrary...
No Absolute Protection For Govt Employees To Continue Service At Desired Location, Administrative Exigency Precedes Familial Convenience: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that the scope of judicial review against transfer orders of government employees is minuscule. The Court observed that transfer being part and parcel of a transferable government job, government employees do not have fundamental protection to continue serving at a location of their liking.The bench of Justice Sameer Jain observed that...
Person Seeking Compassionate Appointment Can't Be Given Second Chance To Qualify Physical Efficiency Test After Having Failed Once: Allahabad High Court
The Allahabad High Court has held that no second chance can be granted to a person seeking compassionate appointment for qualifying the Physical Efficiency Test, having failed it in the first try.Holding that compassionate appointment is not an alternate source of recruitment, the bench comprising of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held that “It is essentially...
Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court
A single judge bench of the Karnataka High Court comprising of Justice N S Sanjay Gowda, while deciding Writ Petition in the case of Uemsha T N and Ors vs. State of Karnataka, held that employees cannot be granted permanent status if their employment was through outsourcing contracts that were not meant to establish permanent positions. Background Facts The Employees are group of...
Recovery Of Excess Payments Made To Employee Due To Wrong Interpretation Of Rules Not Permissible Post Retirement: Jammu & Kashmir High Court
A single judge bench of the High Court of Jammu & Kashmir and Ladakh comprising of Justice Wasim Sadiq Nargal, while deciding Writ Petition in the case of Mst. Raja & Ors vs. State of Jammu & Kashmir & Ors, held that after an employee retires, it is not permissible to recover excess payments made to them due to a mistaken interpretation of rules. Background...
Regulatory Authorities Can't Misinterpret Judgments Erroneously To Deny Registration To Permanent Employees: Kerala High Court
A single judge bench of the Kerala High Court comprising of Justice Murali Purushothaman, while deciding Writ Petitions in the case of Jomon Sebastian & Ors vs. Assistant Labour Officer & Ors, held that regulatory bodies cannot misinterpret judgments to wrongfully deny registration to the permanent employees. Background Facts The petitioners are headload workers employed...
State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Aniruddha Roy, while deciding Writ Petition in the case of Sri Kunal Chandra Sen vs. State of West Bengal & Ors., held that the state cannot use public interest and accountability as an excuse to indefinitely delay the release of employees' pensions. Background Facts Sri Kunal Chandra Sen...
Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024
Delhi High Court Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person not being...
If Excess Pension Is Accepted With Due Knowledge, Objecting Its Recovery Is Not Permissible: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that if excess amount is accepted by the pensioner with due knowledge, not only that the said amount can be recovered at the later stage, objecting to the recovery of the excess amount is also not permissible.Justice Harsimran Singh Sethi said, "Every citizen claims rights but no one is ready to discharge the liability. Once a citizen knew that...