Labour & Service
Disciplined Force Employees Not Entitled Overstay Over Leave Period Without Reasons: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Justice S. Vaidyanathan, Chief Justice, while deciding Writ Petition in the case of Shri Ashwin Patti vs. Union of India, held that employees of the disciplined forces are not eligible for any relief if they exceed their leave period without providing adequate justification. Background Facts Ashwin Patti (Petitioner)...
Contractual And Daily Wage Female Employees Entitled To Maternity Benefits Irrespective Of Nature Of Establishment: CAT, New Delhi
The Central Administrative Tribunal, New Delhi single bench of Dr. Anand S. Khati (Administrative Member) held that benefits under the Maternity Benefits Act, 1961 must be extended to all female employees irrespective of their employment status or the nature of establishment. Brief Facts: The Applicant was appointed as a Senior Resident (OBS and Gynae) on a contractual basis at...
Date From Which Regularization Is Granted Is Decided By Employer, Employee Can't Claim It Without Any Basis: Orrisa High Court
The Orrisa High Court bench of Justice Sashikanta Mishra held that the date from which regularization is to be granted to an employee is a matter to be decided by the employer keeping in view several factors. The bench held that it depends on the nature of the work, the number of posts lying vacant, the financial condition of the employer, the additional financial burden caused,...
Reserved Category Candidates Can Compete For Unreserved Posts, Unreserved Seats Are Open To Competition From All: CAT Jabalpur
The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava (Judicial Member), and Kumar Rajesh Chandra (Administrative Member) held that reserved category candidates can compete for the unreserved posts, as well. It noted that the candidates belonging to Scheduled Castes who compete on their own merit along with general category candidates are not to...
Even If There Are Discrepancies In Exam, Employee Should Be Provided Show Cause Notice Before Cancelling Promotion: CAT, Allahabad
The Central Administrative Tribunal, Allahabad bench of Justice Om Prakash(Judicial Member) and Mohan Pyare (Administrative Member) held that even if, there is a presumption that there were discrepancies in the conduct of examination, proper opportunities should have been provided to the employee by issuing show cause notice and inviting their submission before canceling...
Child Care Leave Applied by Women Employee Needs To Be Considered With Sympathetic View: CAT Chandigarh
The Central Administrative Tribunal Chandigarh single bench of Justice Suresh Kumar Batra held that Child Care Leave applied for by a woman employee at the time when she gave birth to twins needs to be considered with a sympathetic view. It held that the problem of inadequate working staff, if any, being faced by the management due to leave of the worklady can be addressed by...
Cooperative Bank Employees Not Covered Under Definition Of “Public Servant” As Per Section 21 Of IPC In Context Of Election Duties: Calcutta High Court
A single bench of the Calcutta High Court comprising of Justice Sabyasachi Bhattacharyya, while deciding Writ Petitions in the case of Malda District Central Cooperative Bank Employees Association and others vs. The Election Commission of India and others, held that Cooperative bank employees cannot be considered as “public servants” under Section 21 of the IPC when it comes...
Burden Of Proving Completion Of 240 Days of Service In Any Calendar year rests On Petitioner: Bombay High Court
A single bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a writ petition in the case of Prakash S. Hande v. Hindustan Lever Limited has reiterated that the burden of proving completion of 240 days of service in any calendar year rests on the Petitioner. Background of Facts Prakash S. Hande (Petitioner), claimed to have been employed by...
Dismissal From Service For Being Absent From Place Of Work For Just Few Hours Is Disproportionate: Bombay High Court
The Bombay High Court single bench of Justice Sandeep V. Marne held that the penalty of dismissal from service is disproportionate for being absent from the place of work for just a few hours. Brief Facts: The Petitioner, engaged in manufacturing DMT, a raw material for synthetic yarn, operates a DMT manufacturing plot. The Workman, employed as an Accounts Assistant (Weighbridge)...
Seniority of Transferred Employee In Region Counted From Transfer Date, Not From Date Of Joining: Madras High Court
A single bench of the Madras High Court comprising Justice Mummineni Sudheer Kumar, while deciding Writ Petitions in the case of C. Subramani vs. Additional Chief Secretary to Government, Transport Department, held that when an employee changes regions and accepts the lowest administrative rank, their seniority in the transferred region is counted from the transfer date, not the...
Employee Entitled To Interest On Retirement Benefits For Unjustifiable Delay On Part Of Employer: Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Namit Kumar held that where there is an inordinate delay in retirement benefits and the delay is not justifiable, the employee will be entitled to interest. It held that an employee will be entitled to the interest on an amount which was retained by the employer without any valid justification. Brief Facts: The Petitioner,...
Labour & Service Weekly Round-Up: 6th May to 12th May 2024
Delhi High Court Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court Case No.- W.P.(C) 5562/2024, CAV 181/2024, CM APPL. 22929/2024 -Stay. CM APPL. 22930/2024 -Ex./LLOD Case Name- Commissioner of Police & Ors vs Sant Ram A division bench of the Delhi High Court comprising of...