Labour & Service
Principle Of No Work No Pay Not Applicable If Order Of Termination Illegal: Delhi High Court
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela in the case of Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr has held that an employee is entitled to backwages if order of termination was illegal and the principle of no work no pay is not applicable in such cases. Background Facts Manisha Sharma (Petitioner) was appointed...
Central Council Of Homoeopathy Falls Within Definition Of “Industry” Under ID Act: Delhi High Court
A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Central Council of Homoeopathy vs Vijay Singh has held that the Central Council of Homoeopathy falls within definition of “Industry” under Industrial Disputes Act, 1947Background FactsVijay Singh (Respondent) was appointed as a temporary stenographer with the Central Council of...
Rights out of Holding Of Non-Hereditary Office, Dies With Person's Death, Not Transferable Or Heritable: Delhi High Court
A single bench of Delhi High Court comprising of Justice Dharmesh Sharmawhile deciding a civil revision petition in the case of Revd. John H. Caleb v. Diocese of Delhi-CNI and Ors, has held that a personal right of action, arising due to holding of a non-hereditary office, dies with the death of the person concerned and not transferable or heritable.Background And Facts Of The CaseReverend...
Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Therefore, it held that a writ petition against the Bar Association office bearers in their personal capacity is not...
Employee Untraceable For Seven Year Should Be Presumed Dead, Heirs Entitled To Terminal Benefits: Calcutta High Court
The Calcutta High Court single bench of Justice Rai Chattopadhyay held that in case an employee is untraceable for more than seven years and their death is presumed, the terminal benefits should be extended to the heirs of the employee.The bench held that:“This Court is of the view that having not denied service of the said missing person with the respondent Bank for years together the...
[CAPF Recruitment] Medical Board Shouldn't Examine Candidate Immediately After Few Days Of Tattoo Removal Surgery: Delhi High Court
The Delhi High Court bench of Justice V. Kameswar Rao and Justice Ravinder Dudeja has directed a re-examination of a CAPF candidate who was declared unfit even after tattoo removal surgery. It held that the Review Medical Board should not have examined the candidate immediately after a few days of surgery and should have given sufficient time to him to ensure the healing of the...
Terminal Benefits Of Extended Ad-Hoc Service Shall Be Protected Even After Being Reverted: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a writ petition, in case of Kishore Kumar Makwana vs Union Of India & Anr held that employee reverted from an ad hoc promotion can have their pay reduced, but terminal benefits should reflect higher salary received during long period of ad hoc...
Subjective Reasons For Order Of Compulsorily Retirement Should Be Recorded On Material Available On Employee's Service Record: Rajasthan High Court
The Rajasthan High Court bench of Justice Rekha Borana held that an order of compulsory retirement can very well be passed on the subjective satisfaction of the employer/ Government. However, it held that subjective satisfaction should have been recorded based on the material available on the employee's service record. The bench held that such orders can be interfered with if the same...
Chandigarh PWD Directed To Pay Compensation Of 4 Lakh To Daily Wager For Violation Of Sections 25-G & 25-H, ID Act ; Punjab And Haryana High Court
The Punjab and Haryana High Court bench of Justice Sanjay Vashisth directed the Public Works Department (PWD) of Chandigarh to pay a compensation of Rs. 4,00,000 to the Workman who was unjustly terminated from service while his juniors were retained. The High Court noted that this constituted a violation of Sections 25-G and 25-H of the Industrial Disputes Act, 1947. Section 25-G of...
Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. Brief Facts: The case involves seventeen petitions filed...
Leave Encashment Akin To Salary, Employee Cannot Be Deprived Without Valid Statutory Provision: Bombay High Court
Leave encashment is not a bounty but right earned by employee, the Bombay High Court observed while affirming the entitlement of two former employees of Vidharbha Konkan Gramin Bank to encash their accrued privilege leave, despite their resignations from the bank.A division bench of Justice Nitin Jamdar and Justice MM Sathaye allowed the employees' writ petitions and directed the bank to pay...
Payment Of Gratuity Act Applicable To Anganwadi Workers And Helpers: Tripura High Court
The Tripura High Court recently held that the Payment of Gratuity Act, 1972 is applicable to the Anganwadi Workers and Anganwadi Helpers working in the State.In this context, the single judge bench of Justice S. Datta Purkayastha quashed the memorandum dated August 11, 2023 issued by State's Social Welfare & Social Education Department to the extent that the claim of gratuity was denied...