Labour & Service Weekly Roundup: June 17 - June 23, 2024

Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court

Case No. : Writ Petition No. 4754 OF 2009

Citation: 2024 LiveLaw (Bom) 308

Case Name : Shri. Patil Samgonda Namgonda vs. State of Maharashtra

A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ Petition in the case of Shri. Patil Samgonda Namgonda vs. State of Maharashtra, held that employee's conduct of filing petitions does not show the abandonment of claim for reinstatement in service.

Rajasthan High Court

Setting Cut-Off Dates For Recruitment Is Strictly Within Domain Of Employer, Cannot Be Relaxed To Accommodate Anyone: Rajasthan High Court

Title: Rita Singh v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 133

The Rajasthan High Court (“the Court”) has reiterated that fixing a cut-off date for recruitment processes falls purely in the domain of the employer and such a cut-off date was uniform for all the applicants and could not be relaxed for certain participants. The Court said:

“It is a settled position of the law that the setting and beholding of a cut-off date falls purely within the domain of the employer, to be decided and/or imposed in accordance with the necessities accruing to them and the administration of the concerned examination.”

The bench of Justice Sameer Jain was hearing a petition filed by the petitioner who had applied for the post of “Assistant Town Planner” pursuant to an advertisement of the selection process. As per the advertisement, even final-year students were allowed to apply for the post. The only condition was that such students were required to furnish their mark sheet of qualification under the respective course before the date of the written examination.

Karnataka High Court

Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court

Case: Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd.

Case No. W.P. (C). No. 36199/2014

Citation: 2024 LiveLaw (Kar) 281

A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment.

Allahabad High Court

[U.P. Recognised Basic School Rules] Employee Shall Be Entitled To Pay If Initial Approval Of Appointment Not Recalled: Allahabad High Court

Case Title: Sanjay Kumar and 3 Ors. v. District Basic Education Officer, Jaunpur and 2 Ors. 2024 LiveLaw (AB) 399 [WRIT - A No. - 23843 of 2018]

Citation: 2024 LiveLaw (AB) 399

The Allahabad High Court has held that under the U.P. Recognised Basic School Rules (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, an employee shall be considered to be in service and entitled to his pay if no adverse action or order of termination is issued against him.

“The salary of the petitioners cannot be withheld or stopped unless the petitioners are suspended or dismissed from service,” held Justice Piyush Agrawal.