Labour & Service
Appointment Of Near Relative Of An Officer In A Co-Operative Society, Violates Rules: Madras High Court
A single judge bench of the Madras High Court comprising of Justice R. Vijayakumar while deciding a writ petition in the case of S. Keerthana v. The Commissioner of Milk Production and Dairy Development Department & Ors. has held that a near relative of an officer of a co-operative society cannot be appointed to any post in the service of such society.Background of FactsS....
State Can't Take Benefit Of Its Own Wrong By Denying Pensionary Benefits To Employee, Who Served For Three Decades: Uttarakhand High Court
A division bench of the Uttarakhand High Court comprising of Hon'ble Chief Justice Ms. Ritu Bahri and Hon'ble Justice Sri Rakesh Thapliyal, while deciding a Special Appeal in the case of State of Uttarakhand & Ors vs Prakash Chandra Harbola & Ors has held that the State cannot be permitted to take the benefit of its own wrong by denying the pensionary benefits to the employee,...
Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
A single judge bench of the Himachal Pradesh High Court comprising of Justice Satyen Vaidya while deciding a Civil Writ Petition in the case of Suneet Singh Jaryal vs State of HP & Anr has held that the state government cannot withhold pensionary benefits for an indefinite period on the pretext of financial constraints. Background FactsSuneet Singh Jaryal (Petitioner) retired on...
Contract Appointment Of Protection Officer, Can't Continue Beyond Term: Madras High Court
A single judge bench of the Madras High Court comprising of Justice G.K.Ilanthiraiyan while deciding a Civil Writ Petition in the case of Pandiammal vs Commissioner, Social Welfare and Women Empowerment Department & Ors has held that Protection Officer appointed on contract basis cannot be termed to be appointed under Rule 3(3) of the Protection of Women from Domestic Violence Rules, 2006...
Compassionate Appointment Cannot Be Denied Solely On The Ground That The Petitioner Was An Illegitimate Child Born To Second Wife: Madras High Court Reiterates
A single judge bench of the Madras High Court comprising of Justice R.N. Manjula while deciding a writ petition in the case of M. Anantha Babu v. The District Collector & Ors. has reiterated that compassionate appointment cannot be denied solely on the ground that the child was from the second wife of the deceased employee. Background of FactsThe father of M. Anantha Babu (Petitioner) ...
Retired Officer Cannot Be Termed As “Public Servant” Under Export Inspection Employees Rules, 1978: Delhi High Court
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Civil Writ Petition in the case of Parveen Kumar vs Export Inspection Council & Ors has held that a retired officer appointed as Inquiry Officer does not fulfil the criteria of “public servant” under Rule 11(2) of the Export Inspection Employees (Classification, Control &...
'Begar' Prohibited Under Article 23: Allahabad HC Directs Payment Of Salaries To Multi-Purpose Health Workers For Period Of Work
While granting relief to Multi-Purpose Health Workers (Male), the Allahabad High Court has held the 'Begar' is prohibited under Article 23 of the Constitution of India.“Article 23 of the Constitution of India has wider implications and scope regrading begar i.e. by taking work but not paying for the same which is linked with right to livelihood covered under Article 21 of the Constitution...
Service Of A Government Servant Does Not Qualify For Pension Unless Their Appointment, Duties, And Pay Are Regulated By Or Under The Orders Of The Government: Orissa High Court
A division bench of the Orissa High Court, comprising Mr. Chakradhari Sharan Singh (Chief Justice) and Mr. M.S. Raman (Judge), while deciding an Appeal in the case of State of Odisha & Ors vs. Banamali Samal & Ors held that the service of a government servant does not qualify for pension unless he is appointed and his duties and pay are regulated by the government or under the orders...
Age Relaxation Can Be Provided To Compete In Recruitment Process By Giving The Weightage For Being Engaged For A Significant Period Of Time: Madras High Court
A single judge bench of the Madras High Court comprising of Honourable Mrs. Justice L. Victoria Gowri while deciding Writ Petitions in the case of S. Sujatha vs The Director of Collegiate Education has held that age relaxation can be provided to a person to compete in the recruitment process by giving the weightage for having been engaged or worked in the department for a significant period...
Suppression Of Pendency Of Criminal Case By Person Seeking Appointment To A Police Post Has Bearing On His Suitability: Delhi High Court
A two-judge bench of the Delhi High Court comprising of Justice V. Kameswar Rao and Justice Saurabh Banerjee while deciding a writ petition in the case of Shri Nomil Rana v. Union of India and Ors. has held that suppression of the material information regarding pendency of Criminal Case by a person seeking appointment to a police post wherein he is required to maintain public order has bearing...
Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court
A single-judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Sunil Kumar & Ors. v. The State & Ors. has reiterated that the onus to establish the relationship of employee-employer between the management and the workman is on the claimant, i.e., the person who sets up a plea of existence of such relationship...
AAI Is An Extended Hand Of GOI; No Backdoor Entries Can Be Permitted While Absorbing Workers: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Hari Shankar Sharma & Ors. vs UOI & Ors. has held that AAI is an extended hand of the Government of India, thus no backdoor entries can be permitted while absorbing and regularizing workers in the same.Background FactsThe Petitioners were terminated...