Labour & Service
No Show Cause Notice/Departmental Proceeding Can Be Initiated Against Retired Employee In Absence Of Rules/Regulations: Allahabad HC
The Allahabad High Court has held that in absence of any rule or regulation in Uttar Pradesh Cooperative Society Employees Service Regulation, 1975 and Uttar Pradesh Rajya Sahkari Bhumi Vikas Bank Employees Service Rules, 1976, neither a show cause notice can be issued nor departmental proceedings can be initiated against an employee after his retirement.While quashing the proceedings against...
Burden Of Proving Employer-Employee Relationship Primarily Rests Upon Who Asserts Its Existence: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, while deciding a Letters Patent Appeal in the case of Rakesh Sharma vs. Indian Oil Corporation and another, held that the burden of proving the employer-employee relationship primarily rested upon the person who asserted its existence, and once the person asserting to be...
Non-Disclosure of Information Cannot Form The Sole Ground for Employer to Discharge Employee: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Raja Basu Chowdhury while deciding a writ petition in the case of Sankar Mandal v. Union of India has held that non-disclosure of information cannot form the sole ground for the competent authority to discharge the employee.Background of FactsSankar Mandal (Petitioner) had successfully participated in a recruitment process...
Person Appointed Against Scheduled Caste Or Scheduled Tribe Quota, Cannot Later Claim Reservation Under Ex-Serviceman Quota: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman...
Furnishing Of Wrong Information For Securing A Job Amounts To Fraud Upon The Employer: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Sen while deciding a writ petition in the case of Ram Asheesh Yadav v. Union of India has held each candidate selected for the post of Constable in RPF must be free from all vices, possess a sense of sufficient responsibility, and be truthful, dutiful, vigilant as well as honest. Therefore, the furnishing...
Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice and Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge, while deciding Letters Patent Appeal in the case of UCO Bank & Ors. vs Chaman Singh, has held that service provided by an employee for the period of three months and above shall be treated as one half year (6 months)...
Compassionate Appointment Cannot Be Sought As A Matter Of Right And To A Particular Post: Karnataka High Court
A single-judge bench of the Karnataka High Court comprising of Justice S.G. Pandit while deciding a writ petition in the case of Smt. K. C. Nagalambike and Ors. v. The Managing Director KSRTC & Ors. has held that compassionate appointment cannot be sought as a matter of right and at the same time compassionate appointment cannot be sought against a particular post.Background of...
Casual Labourers Have Intermittent And Sporadic Employment Whereas Daily Wagers Render Continuous Service: Jammu & Kashmir High Court
A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjeev Kumar while deciding a Civil Writ Petition in the case of Ghar Singh vs University of Jammu & Ors has held that a Casual Labourer is labour whose employment is intermittent and sporadic, where as a Daily Wager renders continuous service and is paid on a daily basis.Background FactsGhar Singh...
Voluntary Abandonment Of Employment Cannot Be Accepted If Notice For Resuming Duties Not Issued: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Civil Writ Petition in the case of M/s. Premsons Trading (P) Ltd vs Dinesh Chandeshwar Rai has held that voluntary abandonment of employment can only be proved if the employer had issued a notice to the workman directing him to resume his duties.Background FactsM/s. Premsons Trading (P)...
Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court
A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.Background...
Family Annual Income Needs To Be Considered For Determining Eligibility Of Anganwadi Workers, Not Individual Annual Income: Himachal Pradesh High Court
A single judge bench of the Himachal Pradesh High Court comprising of Justice Ranjan Sharma while deciding a Civil Writ Petition in the case of Usha Rani vs State of HP & Ors. has held that to determine the eligibility for appointment as Anganwari Workers, the family annual income of the female candidate must be under Rs. 8000 per annum and not the individual annual income of the...
Disciplinary Authority Must Record Reasons For Disagreeing With Exoneration To Enable Employee To Defend Himself Effectively: Allahabad HC
The Allahabad High Court has held that Disciplinary Authority must record reasons for disagreeing with the exoneration by the Inquiry Officer to enable the delinquent employee a chance to effectively defend himself.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held “Recording of reasons in the show cause notice for disagreeing with the opinion...