Service Law – Regularization – Home Guards – Phased Absorption Scheme Quashed – Respondents worked continuously for 12 to 23 years under the A&N Home Guards, performing duties of regular nature under police supervision – Tribunal and High Court had directed formulation of a Scheme for their regularization in accordance with Pantha Chatterjee – Authorities fr...
Arbitration – Appointment of Arbitrator – Deviation from Contractual Clause – Clause 64 of the railway contract provided for a three-member Arbitral Tribunal consisting of serving Gazetted Railway officers – Respondent sought arbitration in 1999 but arbitration proceedings were repeatedly stalled due to resignations and non-cooperation from Railways – High Court appoi...
Civil Writ – PIL - Right to Education – Safe Learning Environment – Article 21A – Enforceability – In light of the Kumbakonam school fire tragedy which killed 93 children due to lack of fire safety and building code compliance, the Court emphasized that the right to education under Article 21A includes the right to study in a safe and secure environment – Held: ...
Public Interest Litigation – Service Matters – Locus Standi – PIL Not Maintainable – A writ petition filed by respondent No. 4 styled as a Public Interest Litigation challenged the appellant’s appointment as Auction Recorder on the ground of past conviction under Section 61 of the Punjab Excise Act – Held: In service matters, PILs are not maintainable – Th...
Labour Law - Industrial Dispute – Retrenchment – Section 25F read with Section 25B(2) – Reinstatement Upheld; Back Wages Denied – Workman engaged on daily wages from 16.03.1988 to 28.02.1989 with breaks; Labour Court held 264 days’ work in 12 months and ordered reinstatement with 50% back wages; High Court affirmed – Held: After the 1964 amendment, a workman who...
Civil Lawv – Suit for possession and injunction by daughters/reversioners against donee under a 1955 gift by a widow with limited estate— Possession by Daughters/Reversioners – Evidence Act Sections 107 & 108 – Limitation Act, 1963 Articles 64 & 65 – Punjab Custom (Power to Contest) Act, 1920 – Appeal Dismissed – Widow Indira Devi had only a life i...
Arbitration – Contract for Handling Work – Escalation in Rates – No Escalation Clause – Contractor’s Claim for Enhanced Payment due to Statutory Wage Revision – Held, even in absence of express escalation clause, contractor entitled to compensation for increased statutory wages – Obligation to pay “fair wages” implies reciprocal obligation of e...
Labour Law - Industrial Disputes – Trainee / Apprentice terminated on closure of scheme – Section 6N, U.P. Industrial Disputes Act – Award upholding retrenchment restored – Respondent appointed as trainee under State-sponsored scheme; scheme withdrawn; notice pay and retrenchment compensation tendered and received – Held: Even assuming respondent was a ‘workman&...
Penalty – Sections 10(3), 5, 9, 12, 18 of the U.P. Motor Vehicles Taxation Act, 1997 – Articles 14 & 19 of the Constitution – High Court struck down Section 10(3) as arbitrary and unreasonable – Held: Section 10(3) is constitutionally valid – Penalty is a deterrent and compensatory measure to protect public revenue – Statutory scheme provides recovery, refun...
Service Law - Premature Retirement – Validity – Rule 244, Rajasthan Service Rules – Appellant, manager of Co-operative Society, compulsorily retired at age 56 after 27 years of service – Held: Service Rules had been adopted by society – Rule 244 confers absolute right on appointing authority to compulsorily retire employee in public interest after completion of 25 yea...