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Labour & Service Law Judiciary

Selction without qualification liable for termination

 20 September 2011

The supreme court has held that individuals selected without adequate qualifications are liable for termination at any time...

Posted in Labour & Service Law |   3358 hits

confirmation from date of seniority in Employment exchange

 13 September 2011

While regularising the appointments, the date of seniority of the employment exchange shall be the seiority..

Posted in Labour & Service Law |   5496 hits

Pay protection

 13 September 2011

Pay protection — benefit of — entitlement of — in question — writ petition filed — the High Court held that the appellant is not entitled to pay protection and, therefore, his claim was rejected — the contents of the notification/memorandum clearly s..

Posted in Labour & Service Law |   6823 hits

temporary employee cannot be replaced by temporary or adhoc employee

 13 September 2011

Held that the temporay employees cannot be replaced by temporary employees or adhoc employees..

Posted in Labour & Service Law |   6867 hits

Gainful Employement

 13 September 2011

Burden of proof having to the principles analogous to section 106 of evidence Act that he has not gainfully employed was on worker, not on the management...

Posted in Labour & Service Law |   2575 hits

Seniority list of daily wagers

 13 September 2011

In absence of regular employment of workman employer is not expected to maintain the seniority list of employees engaged on daily wages, casual labourer, temporary employee. The Hon’ble Apex Court also held that in absence of proof of existence of se..

Posted in Labour & Service Law |   5836 hits

The issue of regularization

 13 September 2011

Supreme Court has now firmly laid down that regularization cannot be mode of appointment-Illegal appointments cannot be regularized and neither temporary nor permanent status be conferred by regularization – An attempt to induct an employee without f..

Posted in Labour & Service Law |   10123 hits

Completion of probation and confirmation

 09 August 2011

on 13.1.88 his services came to be terminated for the reason that his Performance Report during the period of probation was not satisfactory and he also failed to show any improvement despite having been given a chance to do so. Aggriev..

Posted in Labour & Service Law |   4714 hits

Deemed to have completed the prescribed period of probation

 09 August 2011

On the expiry of the period of probation beyond the maximum term provided therein, an employee will be deemed to have been confirmed inasmuch as the Corporation cannot terminate their services on the expiry of such period...

Posted in Labour & Service Law 2 comments |   10744 hits

Prolonged Suspension of the employee

 09 August 2011

The petitioner is serving as Deputy Manager in the Production Centre in the establishment of the second respondent-Society for Training & Employment Programme in the Twin Cities (SETWIN). The petitioner was placed under suspension by the proceedings ..

Posted in Labour & Service Law 1 comments |   5364 hits

Bar against promotion

 09 August 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 |   2029 hits

Provident Fund Regulations 1992

 16 May 2011

In Civil Appeal No. 4111 of 2008 - PEPSU Road Transport Corporation and Another v. Mangal Singh & Ors. (hereinafter referred to as "Mangal's appeal"), respondent joined the services of the Pepsu Road Transport Corporation (hereinafter referred to as ..

Posted in Labour & Service Law |   3293 hits

U.P. Industrial Area Development Act, 1976

 13 May 2011

The Legislature of Uttar Pradesh enacted the U.P. Industrial Area Development Act, 1976, (hereinafter referred to as ‘Act 1976’) for the purpose of proper planning and development of industrial and residential units and to acquire and develop the lan..

Posted in Labour & Service Law |   4871 hits

NCERT - Central Provident Fund Scheme (for short ‘the CPF Scheme’)

 13 May 2011

The facts of this case are that the respondent was in the service of the National Council of Educational Research and Training (for short ‘the NCERT’). The employees of the NCERT were given an option to choose either the Central Provident Fund Scheme..

Posted in Labour & Service Law |   3235 hits

Rule 46 of Bihar Pension Rules, 1950

 23 April 2011

Being aggrieved by the Judgment and Order dated 26th June, 2008 delivered in LPA No.978 of 2007 by the High Court of Judicature at Patna, this appeal has been filed by the original petitioner-appellant herein. ..

Posted in Labour & Service Law |   4818 hits

Failure to observe instructions-selection set aside

 12 April 2011

selection and appointment of all the other 83 respondents are set aside for having indulged in malpractices and for grossly violating the instructions to the candidates..

Posted in Labour & Service Law |   2747 hits

Failure to observe instructions-selection set aside

 12 April 2011

selection and appointment of all the other 83 respondents are set aside for having indulged in malpractices and for grossly violating the instructions to the candidates..

Posted in Labour & Service Law |   2508 hits

Minor punishment not a bar for promotion

 12 April 2011

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Posted in Labour & Service Law |   7653 hits

Employee opting for VRS has no right to withdraw

 17 March 2011

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Posted in Labour & Service Law |   2839 hits

notings in departmental files did not have sanction of law creating a legally enforceable right

 17 March 2011

Entitlement to Regularization - Appellant organization employed casual workers for discharging various works in its organization - Respondent Union of casual workers demanded regularization of their service - Single Judge, in respondent's writ petiti..

Posted in Labour & Service Law |   2549 hits