State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"SERVICE LABOUR LAW" Digest

Recruitment Process – Qualification Equivalence – Role of Employer – The High Court ruled that only candidates possessing a Diploma in Electrical Engineering were eligible, thereby setting aside the selection of candidates with a Diploma in Electrical and Electronics Engineering – Held: Equivalence of educational qualifications is primarily a matter for the employer to deci...

Labour Law - Industrial Disputes – Wrongful Termination – Compensation Instead of Reinstatement – Whether Justified – Held: Yes – The respondent was employed as a bus driver from 05.03.2002 but was terminated on 09.09.2012 without notice – The petitioner claimed voluntary abandonment, citing a full and final settlement of ₹30,000 – The Labour Court found...

Service Law - Seniority – Regularisation of Temporary Appointments – Whether Period of Officiating Service Can Be Counted for Seniority – Held: Yes – Appellants were initially appointed as temporary AEEs in 1990-1992 and continued in service uninterruptedly before their regularisation – Their appointments were made against sanctioned posts under Rule 10(a)(i) of the A...

Family Pension – Legal Entitlement of Spouse – Employee Cannot Unilaterally Deny – Pension Not Part of Estate – The deceased employee had applied for voluntary retirement in 2003 and later removed the name of his wife and daughter from service records—He had also submitted a declaration stating he had divorced his wife—Upon his death, the respondent-wife claimed...

Service Law - Challenge to the disciplinary proceedings - Judicial Review – Departmental Proceedings – Limited Scope of Court’s Intervention – The petitioner challenged the findings of the disciplinary proceedings and the penalty of compulsory retirement awarded – Held: Judicial review is limited to examining whether the inquiry was conducted in accordance with the pr...

Service Law – Pensionary Benefits – Parity with Similarly Placed Employees – Article 14 & 16 of the Constitution of India – Direction to Consider Claims – The petitioners, retired SLR workers of the Water Resources Department, sought pensionary benefits citing discrimination as the Government had extended similar benefits to SLR workers in the Fisheries Department...

Service Law – Selection Grade – Calculation of Cadre Strength – Plaintiffs claimed Selection Grade based on total cadre strength of 430 posts, while defendants argued cadre strength was 264 – Evidence showed sanctioned strength was 384 as admitted by defendants' witness – Held: 20% of 384 posts (i.e., 76 employees) were entitled to Selection Grade – Findings...

Excess Payment Recovery – After Retirement – Petitioner challenged the reduction of pay and recovery of excess payments post-retirement – No show cause notice or personal hearing was provided – Court held recovery without hearing violated principles of natural justice – Cited Supreme Court precedent against recovering excess payments from retired employees, especially...

Service Law - Regularization of Contractual Employees – Applicability of 2003 Policy – Employees Entitled to Consideration – Petitioners, engaged on an ad-hoc, daily wage, or contractual basis for over two decades, sought regularization under the 2003 policy – The State argued that the policy was withdrawn in 2007 in compliance with Uma Devi (2006) – However, a 2014 n...

Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...