Labour & Service Monthly Digest: 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 allowed to be represented by a defence assistant & non-enclosure of past record of the person in chargesheet established that an enquiry proceedings is conducted in violation of principles of natural justice Definition Of Wages Under Minimum Wages Act Cannot Be Used To Calculate Bonus Under Payment Of Bonus Act: Delhi High Court Case Name- Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Group 4 Securities Guarding Ltd Vs Secretary, Labour, Govt. of NCT of Delhi has held that definition of wages under Minimum Wages Act, 1948 cannot be used to calculate bonus under Payment of Bonus Act, 1965 Court To Refrain From Intervening In Cases Where There Is An Effective Alternate Remedy, Unless Compelling Reasons To Do So: Delhi High Court Case: Maya and Ors. v. Union of Indian and Ors. Case No. W.P. (C). No. 4455/2017 A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Maya and Ors. v. Union of Indian and Ors. has held that the Court is to refrain from intervening in cases where there is an effective alternate remedy, unless there exist compelling reasons to do so. Principle Of No Work No Pay Not Applicable If Order Of Termination Illegal: Delhi High Court Case No.- W.P.(C) 4217/2022 Case Name- Manisha Sharma Vs Vidya Bhawan Girls Senior Secondary School & Anr 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. Andhra Pradesh High Court Power To Fix Age Of Superannuation In Cooperative Credit Societies Is Discretion Of Board Of Management, Not Govt: Andhra Pradesh High Court Case Name: Puvvada Venkata Mohana Murali Krishna Murthy v. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Agriculture and Cooperation Department Case No: W.P. No.4861 of 2018 & Connected Matters The Andhra Pradesh High Court, in a service matter of the employees from a branch of District Cooperative Central Bank Limited, held that cooperative credit societies have complete autonomy in fixing the age of superannuation. The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao went on to note that increasing the age of superannuation from June 2017 was a policy decision well within the ambit of the Bank's management, as against Section 3(1) Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 governing PSUs and Institutions listed in the IX and X Schedules of the Andhra Pradesh Reorganisation Act, 2014. Bombay High Court Withholding Of Salary Or Emoluments Does Not Fall Within The Ambit Of Offence Of Cheating: Bombay High Court Case Name- Rajiv Bansal & Ors vs State of Maharashtra and Ors A single judge bench of the Bombay High Court comprising of Justice N. J. Jamadar in the case of Rajiv Bansal & Ors vs State of Maharashtra and Ors has held that withholding of salary or emoluments does not fall within the ambit of offence of cheating. Long-Term Continuance Of Employment Does Not Create Inherent Right To Regularization: Bombay High Court Case: The Chief Officer, Pen Municipal Council & Ors. v. Shekhar B. Abhang & Ors. Case No. W.P. (C). No. 4129/2009 A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a writ petition in the case of The Chief Officer, Pen Municipal Council & Ors. v. Shekhar B. Abhang & Ors. has held that regularization of services cannot be claimed merely based on long-term continuance of employment as this does not create any inherent right to regularization. Birth Of First Child Before Joining Service not a bar for availing Maternity Leave After Joining Service Under AAI Regulations: Bombay High Court Case No.- WRIT PETITION No.8744 OF 2015 Case Name- Airports Authority of India Workers Union & Anr Vs The Under Secretary, Ministry of Labour & Anr A Division bench of the Bombay High Court comprising of Justice A. S. Chandurkar and Justice Jitendra Jain in the case of Airports Authority of India Workers Union & Anr Vs The Under Secretary, Ministry of Labour & Anr has held that birth...

Labour & Service Monthly Digest: June 2024

Rajesh Kumar

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