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Labour & Service Law Judiciary

Displaying Judiciary 1 - 10 of 172 in 18 pages


Retirement benefit cannot be denied if the option exercise within the Limitation period


The petitioner joined as a teacher with MCD on 21.02.1994. Prior to that, the petitioner was working with the Department of Education, U.P, at Nainital. Clause 6 of Resolution No. 13891 dated 23.03.1987 of the respondent/ MCD reads as under:- “Eve ...



on 16 May 2012 | by Apurba Ghosh | More



Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Section 14(B))


Facts: By notification dated 23.11.1967, the Central Government in exercise of its power under Section 217(1) (a) of the Act granted exemption to the respondent, which is a company registered under the Companies Act subject to the provisions speci ...



on 19 January 2012 | by Praveen Sharma | More



Excess payments made due to wrong pay fixation shall not be recovered from the employee


The excess amount paid to the employees due to erroneous pay fixation done by the authorities shall not be recovered from the employees. ...



on 09 November 2011 | by K.S.Srinivas | More



Promotion given by the employer if not create any discord among employees, can not be treated as unfair labour practice


a notification dated 3rd May, 2007 issued by the company for its workmen employed in its factory located in Kalwe, whereby applications were invited to appear for a selection process to undergo a two year long period an ‘Officer Trainee’. This traini ...



on 05 November 2011 | by Apurba Ghosh | More



Bar against promotion


Bar against promotion — in challenge — a chargesheet issued against the respondent for financial irregularities and making fraudulent withdrawals deriving pecuniary gain for himself — departmental enquiry initiated — order of removal from service — c ...



on 15 October 2011 | by K.S.Srinivas | More



Burden of proof of240 days


The burden of proof is on the workman to show that he had worked for 240 days in given year. Burden of proof to establish completion of 240 days of work within a period of 12 months preceding the termination lies on workman not on the management. ...



on 15 October 2011 | by K.S.Srinivas | More



Industrial Disputes Act, 1947 : Sections 2(oo) and 25-F.


Retrenchment-Sugar Factory-Workmen-Working during crushing season only-Cessation of work consequent to closure of season-Held such a cessation is not retrenchment. ...



on 15 October 2011 | by K.S.Srinivas | More



If employee exonerated from criminal case- no reason to continue his name in the list of persons of doubtful integrity


Whether order of punishment would come in the way of promotion of the applicant after six years when his name came up for consideration for promotion to the post of Head Constable? - Held, reason that the applicant was facing a criminal case for whic ...



on 15 October 2011 | by raj kumar makkad | More



Administrative prerogatives cannot stall the rights for promotion


District Collector had caused serious prejudice to the petitioner by his not having deputed the petitioner to undergo the one year stint in the post of Rural Welfare Officer Grade II and for the foundation training in the Bhavani Sagar Training Insti ...



on 15 October 2011 | by Isaac Gabriel | More



Minor supression of fact of pendancy of criminal cse is no big issue for appointment


Service Laws – cancellation- Cancellation of on the ground that the respondent had concealed the fact of his involvement in the criminal case under sections 325/34 IPC and had made a wrong statement in his application form — the respondent filed wri ...



on 26 September 2011 | by raj kumar makkad | More











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