Contract Labour – Regularization – Workmen of BEML Ltd. Sought regularization of contract workers performing similar duties as permanent employees – Court held that issues of regularization and employer-employee relationship should be determined by an industrial tribunal – Writ Petition seeking regularization under Article 226 dismissed – Recruitment notification kept...
Condonation of Delay – Interlocutory Application filed for condonation of delay of 239 days in filing the appeal – Appellant claimed financial hardship prevented timely filing – Court found delay unintentional and condoned it [Paras 1-6].
Disciplinary Action – Dismissal from Service – Appellant dismissed for misappropriating funds from deceased/inoperative accounts...
Service Law – Recruitment for Lecturer Posts – Advertisement Challenged – Advertisement by State Selection Board prescribing qualification of Master’s degree with 55% marks without NET/Ph.D. for Lecturer posts in Non-Government Aided Colleges – Held: Prescribed qualifications not in consonance with UGC Regulations (2018) or State Government Resolution (1999) which man...
Non-Registration of Tenancy – Grounds for Eviction under Section 21(2)(a) of TNRRRLT Act – The Court upheld eviction based on non-registration of tenancy agreements under the TNRRRLT Act – Held: Compliance with statutory mandates is imperative, and non-registration of tenancy agreements constitutes a valid ground for eviction [Paras 18-19].
Applicability of Section 3 of TNRRRL...
Service Law – Correction of Date of Birth – Limitation – Central Administrative Tribunal Act – Respondent sought correction of date of birth from 01.06.1964 to 02.07.1964 after 23.5 years of service – Application rejected as per DoP&T Office Memorandum due to delay beyond five-year limit – Tribunal allowed application, altering retirement date by 32 days &nd...
Motor Accident – Liability of Insurer – Valid Driving License Established – The appellant/Insurance Company challenged its liability to indemnify the owner on the ground that the driver did not hold a valid driving license at the time of the accident – Held: Driver of the offending vehicle, Tilak Raj, had a valid driving license issued by the DTO Gurdaspur and endorsed by R...
Seniority – Counting of Service Period – Contractual to Regular Appointment:
Private respondents initially appointed as Junior Engineers (Electrical) on a contractual basis but through the regular recruitment process – Services regularized without interruption – Entitlement to seniority from the date of initial contract appointment – Contractual appointments made fol...
Recall Applications – Basis for Recall – No Grounds Made Out – Applications Dismissed - The Court examined the recall applications filed by the Sports Authority of India (SAI) to revisit its previous order dated 28/02/2024. The petitioners argued that the order was based on their counsel's misunderstanding of the Tribunal's directions regarding the respondents’ stat...
Scheduled Castes – Eligibility Criteria – Impact of Religious Conversion – Denial of Scheduled Caste Certificate Upheld - The appellant claimed entitlement to a Scheduled Caste community certificate on the basis that her father and paternal ancestors belonged to the Valluvan caste, recognized as a Scheduled Caste under the S.C. Order, 1964. However, evidence showed that the appel...
Second Appeal – Substantial Questions of Law – Interpretation of Ownership Rights and Possession – Appellant challenged the decree of mandatory injunction for recovery of possession without a declaration of title – Held: Under Section 100 of CPC, a second appeal lies only if substantial questions of law are involved – No substantial question arises in this case since ...