Service Law – Work-Charged Employees – Time Bound Promotional Scales – Distinction between work-charged and regular service – Under the PSEB Scheme of 23.04.1990, only “regular service” counts for grant of time-bound promotional scales after 9/16 years and promotional increments after 23 years – Work-charged service cannot be equated or clubbed with regula...
Company Law – Section 105-C – Further issue within authorised capital – Bona fides – Appeal dismissed – Directors resolved on 21.02.1945 to issue 4,596 shares at premium and offered them pro rata to members on the register in the ratio 4:5 – Challenge that the issue was mala fide to retain control and that Section 105-C was contravened – Held: Section 105-...
Labour Law - Industrial Tribunal – Nature of functions – Judicial or quasi-judicial – Tribunal has trappings of a Court and exercises powers analogous to civil courts such as summoning witnesses, administering oaths, and enforcing evidence – However, its awards require Government declaration to become binding – Held: Tribunal discharges quasi-judicial functions but no...
Service Law – Compulsory Retirement – Rule 244(2) of Rajasthan Service Rules – Not a Penalty – Not Attracted by Article 311 – Respondent compulsorily retired in public interest under Rule 244(2) – Held: Such retirement is not by way of punishment and is not covered under Rule 14 of the Classification Rules – Article 311 not attracted – Action under R...
Service Law – Transfer – Equivalency of Post – Appellant challenged transfer from Associate Professor to Professor post on ground that it was not an equivalent post – Held: Transfer was to a higher-grade post and not disadvantageous – No violation of service conditions or constitutional provisions – Transfer upheld [Paras 18–19, 23]
Administrative Law &...
Service Law – Provident Fund – Exclusion from EPF Pension Scheme – Petitioners, retired employees of Idukki and Kottayam District Co-operative Banks, challenged discontinuation of EPF pension citing exclusion under GO(MS) No.81/2009/LBR dated 30.06.2009 and introduction of Self-Financing Pension Scheme, 2005 – Held: By virtue of G.O. dated 24.09.2005 and subsequent exclusio...
Service Law – False Caste Claim – Continuation in Service Not Permissible – Milind Not Applicable to Employment Cases – Respondent falsely claimed Scheduled Tribe status to secure reserved employment as Assistant Professor – Scrutiny Committee invalidated his caste claim – High Court, relying on Milind, allowed continuation in service despite falsehood – H...
Labour Law – Termination of Casual Workers – Ticca Mazdoors employed on need basis by RBI – Industrial Tribunal ordered reinstatement with back wages based on presumed completion of 240 days – Supreme Court held: Ticca Mazdoors not regular workers – Termination not illegal as workmen failed to prove continuous service – Tribunal wrongly placed burden on employer...
Service Law – Pension – Defence Forces – Major Generals Retired Pre-1.1.1996 – Entitlement to Pension Parity – Held: Arbitrary Classification Violates Article 14 – Pension of pre-1996 Major Generals to be refixed notionally at same level as post-1996 counterparts – Differential treatment between officers of same rank struck down – Cut-off date held u...
Service Law – Notional Promotion – Claim to Ante-dated Promotion – Promotion must be from date of actual appointment and not from date of vacancy – Appellant promoted as General Manager on 29.11.1996 – Claimed notional promotion w.e.f. 13.3.1996 with consequential benefits and seniority over private respondents – Tribunal rejected claim – High Court grante...