Employment Law – Withdrawal of Resignation – Bank Policy – Petition challenging the reversal of the trial court’s decision, which had declined interim injunction to reinstate the respondent. Bank policy allowed withdrawal of resignation through physical mode even if initially accepted online. The bank permitted the respondent to work until the last date mentioned in his res...
Civil Procedure – Rejection of Plaint – Jurisdiction – Petition challenging the rejection of an application under Order 7 Rule 11 CPC. The trial court dismissed the application, emphasizing that the plaint must be read as a whole along with its accompanying documents. The challenge was to the conveyance deed and municipal assessment entries, not to any notice or proceedings under...
Public Employment – Denial of Revised Pay Scales – Assured Career Progression Scheme – Petitioners, appointed/promoted as Deputy Project Officers, were denied revised pay scales and benefits under the Assured Career Progression Scheme due to the non-inclusion of the post in the Corporation’s bye-laws – Held, denial of revised pay scales and benefits arbitrary and disc...
Provident Fund Dues – Priority Over Other Debts – Section 11 of EPF Act, 1952 – Claim of Central Excise Department – Court held that dues under EPF Act have precedence over central excise dues – Provident Fund dues are deemed first charge on assets of the establishment, overriding earlier claims by central excise if not satisfied by the time EPF claim is made – ...
Seniority List – Merit-Based Determination – Unjust and Arbitrary Actions – Petitioners contested the seniority list finalized on 05.07.2016, which ranked them junior to private respondents solely due to delayed appointment letters, despite higher merit positions – Held, as per Division Bench judgment in Prem Singh's case, petitioners could not be treated as junior due ...
Land Ceiling – Reopening of Surplus Area Cases – Delay and Jurisdiction – Petitioners challenged the Financial Commissioner’s orders remanding surplus area cases to the Collector for a fresh decision after 16 and 24 years – Held, the power under Section 18(6) of the 1972 Act, although without a limitation period, must be exercised within a reasonable time – The ...
Interim Relief – Appellate Tribunal's Powers – The Appellate Tribunal, Prevention of Money Laundering Act, granted interim relief by temporarily de-sealing and handing over possession of a residential property for marriage functions – Held, the Tribunal has discretionary power to grant interim relief as long as the trial has not commenced before the Special Court – The ...
Rejection of Technical Bids – Compliance with Statutory Provisions – Petitioners’ technical bids were rejected for failing to comply with statutory requirements under EPF/ESI/Contract Labour Act – Petitioners showed independent business proprietors as employees, with EPF remitted in their names – Claimed savings on EPF for actual workmen – Held, rejection justif...
Land Acquisition – Lapse of Acquisition Proceedings – Section 24(2) of the 2013 Act – Petitioners sought quashing of acquisition proceedings initiated under the Land Acquisition Act, 1894, asserting that the acquisition had lapsed due to non-payment of compensation and non-taking of possession as per Section 24(2) of the 2013 Act – Held, as per the Supreme Court's decis...
Reservation in Education – Admission Criteria – Weightage for NET Qualification – Petitioner challenged the selection process for Ph.D. admission at Kurukshetra University, asserting that an OBC candidate with higher marks should be considered in the Haryana Open General Category (HOGC) quota – Held, a reserved category candidate who avails relaxation (like weightage for NE...