Contempt of Court – Interim Order Merger – Petitioner alleged willful disobedience of interim order dated 20.03.2020 in CWP No.6988 of 2020 – Held, interim order merges with the final order upon disposal of writ petition – Interim order ceases to operate post-final judgment – Contempt petition dismissed as interim relief was contingent upon the writ's outcome, whi...
Promotion – Posting upon Promotion – Petitioner, promoted to the post of Elementary School Head Master, objected to his posting at a new school without an NCC unit – Claimed entitlement to continue at his current school with an NCC unit – Court held that service rules mandate petitioner’s liability to serve anywhere in Haryana – Guidelines for NCC postings do no...
Industrial Disputes - Termination of Daily Wager - Reinstatement - Appeal against setting aside of Labour Court's award for reinstatement - Appellant's termination without notice, enquiry, or compensation - Daily wages included rest days - Appellant completed 240 days of work - Section 25-F violation found - Labour Court's award reinstated. [Paras 13-15]
Calculation of Con...
Constitutional Law - Regularization of Non-Teaching Staff - Appeal against order for regularization and pay difference - Non-teaching staff denied regularization while teaching staff benefitted - Held, denial arbitrary and discriminatory - Regularization upheld based on parity and Article 14 of the Constitution - Government's decision arbitrary, not sustainable. [Paras 15-16]
Regu...
Land Acquisition - Assessment of Market Value - Enhancement - Landowners entitled to highest market value - State of Haryana produced several sale deeds for acquired land - Court found sale deed No. 11511 (dated 10.01.2006) reflecting highest price - Developers purchasing land for residential colonies - Market value increased by 9% per annum - Landowners entitled to enhanced compensation. [Paras 7...
Constitutional Law - Powers under Article 226/227 - Judicial Review - Certiorari - Appeal against High Court order quashing termination of dealership - Inspection report recorded tampering of holographic seals - Court's jurisdiction to re-appreciate evidence questioned - Held, the inspection report, duly signed by authorized representative, categorically noted tampered holographic seals - No c...
Retiral Benefits – Leave Encashment and Age of Superannuation – The appellants challenged the Single Judge's order extending leave encashment benefits for service beyond 60 years. The court held that there is no uniform rule that leave encashment forms part of salary, and it depends on specific statutes and regulations. The Panjab University regulations did not provide for leave en...
Constitutional Law – Distance Education – Validation of Degrees – The appellant challenged the order of the Single Judge which quashed a public notice and subsequent examination results declared by the AICTE. The Single Judge had directed the AICTE to re-compute the results according to an earlier modality. Held, the AICTE must adhere to the strict guidelines laid down by the Sup...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Employee’s Compensation - Provisional Payment and Penalty for Delay – It is mandatory for employers to pay provisional compensation immediately after an accident – Failure to do so within the prescribed period necessitates penalty proceedings – The Commissioner must issue a show cause notice and provide a reasonable opportunity to the employer before imposing penalties &nda...