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Labour & Service Law Judiciary

Nawal Kishore Sharma Vs Union of India & Others - 2021 - SC - Heart Ailment is Not a Legal Disability

 13 April 2021

In the judgment of the case- Nawal Kishore Sharma v. Union of India & Others, delivered on February 10, 2021, a 3-judge bench of the Supreme Court, consisting of Justices, Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy have held that a hear..

Posted in Labour & Service Law 1 comments |   804 hits

Abolition of Child labour in the Country

 25 June 2020

Due to the massive number to child laborers in Sivakasi firework industries, the petitioner filed a PIL under Article 32 of the Constitution...

Posted in Labour & Service Law |   420 hits

Withholding the payment of gratuity due to disciplinary proceedings and dismissal after superannuation - Landmark Cases!

 01 June 2020

Apex Court held that in view of Rule 34.2 of the CDA Rules, even a retired employee who was permitted to retire on attaining the age of superannuation can be subjected to major penalty, provided the disciplinary proceedings were initiated while the e..

Posted in Labour & Service Law |   497 hits

Bank is directed to pay the petitioner all the accrued increments and quarterly allowances from the date of his suspension which he would have been entitled to draw if he was not put under suspension

 10 September 2015

The petitioner has to be paid all the increments and quarterly allowances which he would have been entitled if he was not under suspension from the date of his suspension in addition to the amount already paid to him by the clause has been correctly ..

Posted in Labour & Service Law 3 comments |   5288 hits

Employees are entitled to the calculation of increments during the period of suspension

 08 September 2015

The fact that in terms of Sastri Award, Desai Award and Bipartite Settlement, the employees are entitled to the calculation of increments during the period of suspension not being disputed, the petitioner/Union is entitled to succeed and entitled t..

Posted in Labour & Service Law 3 comments |   5826 hits

Whether the subsistence allowance during the period of suspension of an employee of the bank should be paid by taking into account the increments which fell due during the period of suspension

 05 September 2015

"The last contention is regarding payment of increments and quarterly allowances to the petitioner during the period of his suspension. Since there is a provision in Clause 17 of Desai Award, suspension allowance has to be paid according to this pr..

Posted in Labour & Service Law |   5789 hits

Non-joinder of parties under WCA, 1923

 11 March 2015

The main contention of the appellant is that since the contractor has not been made a party to the case , the commissioner has decided that the claim was not maintainable though it was clearly proved that the deceased was employed in the factory prem..

Posted in Labour & Service Law |   9370 hits

First ever physically challenged person to undergo ability test

 27 January 2015

The petitioner, Ritesh Sinha, who suffered from spastic cerebral palsy, ot selected for the post of a clerk (under reserved category for physically challenged) at the District and Sessions Court, Karnal on Oct 23, 2010. However, after three months, h..

Posted in Labour & Service Law 2 comments |   8502 hits

SC: Persons who are likely to erode the credibility of the police ought not to enter the police force.

 08 December 2014

The bench comprising of Justices T.S. Thakur and Adarsh Kumar Goel held that a candidate to be recruited to the police service must be worthy of confidence, a person of utmost rectitude, must have impeccable character and integrity. A person havin..

Posted in Labour & Service Law 3 comments |   5283 hits

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

 16 May 2012

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..

Posted in Labour & Service Law |   2175 hits

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

 19 January 2012

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..

Posted in Labour & Service Law |   5447 hits

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

 09 November 2011

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

Posted in Labour & Service Law 4 comments |   24077 hits

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

 05 November 2011

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..

Posted in Labour & Service Law |   2646 hits

Bar against promotion

 15 October 2011

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..

Posted in Labour & Service Law |   2726 hits

Burden of proof of240 days

 15 October 2011

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...

Posted in Labour & Service Law 5 comments |   2748 hits

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

 15 October 2011

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

Posted in Labour & Service Law 2 comments |   6355 hits

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

 15 October 2011

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..

Posted in Labour & Service Law |   2506 hits

Administrative prerogatives cannot stall the rights for promotion

 15 October 2011

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..

Posted in Labour & Service Law |   3343 hits

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

 26 September 2011

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..

Posted in Labour & Service Law 4 comments |   2996 hits

Suitability of the candidate rather than incorrect affidavit to be examined in recruitment

 26 September 2011

the appointing authority has mechanically held that his selection was irregular and illegal because the appellant had furnished an 8affidavit stating the facts incorrectly at the time of recruitment. 1..

Posted in Labour & Service Law 1 comments |   2313 hits







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