Service Law – Premature Retirement – Scope and Procedure – Petitioner, a Head Typist/Computer Assistant Grade-I in OPTCL, was prematurely retired at age 53 under Clause 3(ii) of the OSEB Employees’ Age of Retirement Regulation, 1979 – Review Committee relied on Government guidelines (24.09.2019) intended to weed out inefficient or doubtful integrity employees – ...
Service Law – Departmental Enquiry – Denial of Reasonable Opportunity – Principles of Natural Justice – Respondent-employee (Development Officer, LIC) dismissed after ex-parte enquiry – Inquiry report not furnished and no effective opportunity of cross-examination granted – Held: Entire enquiry and orders passed by Disciplinary Authority, Appellate Authority, an...
Industrial Law – Retrenchment – Section 25G ID Act – Rule of “last come, first go” – Violation established – Labour Court’s award of reinstatement with 50% back wages justified – High Court substituted compensation of Rs. 87,582/- on erroneous assumption of illegal appointment – Held: High Court exceeded jurisdiction under Articles 226/22...
Service Law – Pension Recovery – Excess Payment – Recovery Barred – Petitioner, a widow, subjected to deduction of family pension for alleged excess payment between 2008 and 2019 – No fraud, misrepresentation, or connivance on her part; excess caused by systemic lapse – Held: Recovery from retired employees or widows impermissible as per Supreme Court ruling in ...
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-...
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...
Service Law – Equal Pay for Equal Work – Scope and Limits – Respondents, daily wagers in the Public Health Department, Punjab, granted minimum of pay scale by High Court applying the principle of equal pay for equal work – Held: The doctrine is not an abstract rule and requires proof of complete and wholesale identity in qualifications, method of recruitment, nature, value ...
Constitutional Law – Locus Standi – Petition under Article 226 – Maintainability – Appellant had a contractual right to manage the undertaking of the Oriental Gas Company under a valid agreement for a fixed term – Held: Section 4 of the impugned West Bengal Act terminated the appellant’s management rights for five years – Such deprivation of contractual ri...
Industrial Law – Section 33(2)(b), Industrial Disputes Act – Scope and meaning – Employer dismissed workman for misconduct unconnected with pending industrial dispute – Application for approval sent by post on same day to the Labour Court and Industrial Tribunal – One tribunal approved, another refused on the ground that the application was made after dismissal &ndash...
Service Law – Pension – Voluntary Retirement – Regulation 29(5) Pension Regulations, 1995 – Employees with 20+ years’ qualifying service who opted under VRS 2000 – Entitlement to notional addition of 5 years of service – Held: VRS 2000 provided pension as per existing Pension Regulations – Regulation 29 only applicable clause for voluntary retirement...