Service Law – Removal from Service – Acquittal in Criminal Case – Relevance in Departmental Proceedings – Petitioner challenged removal from service following departmental inquiry on charges of misconduct, citing subsequent acquittal in a criminal case – Held: Acquittal in criminal proceedings, based on insufficient prosecution evidence, does not impact the validity o...
Labour Law - Principal Employer – No Direct Employment Relationship – Section 25-F of ID Act – The petitioner, who suffered injuries while working at M/s Hafed Oil Mills, claimed reinstatement as a direct employee – Labour Court rejected the claim, holding that the petitioner was engaged through a contractor and thus not entitled to reinstatement under the ID Act – He...
Service Law – Approval as SACT-II – Petitioners engaged as Accompanists (Tabalchi) in Music Department, claim status under SACT-II as per Memo dated 23.12.2019 – Names not uploaded by College Authority within deadline – College Authority’s failure admitted – Petitioners approached Court for necessary directions – State’s rejection of petitioners&rsqu...
Service Law - Temporary Employment – Regularization – Compliance with Uma Devi Principles – Appointments not illegal but irregular – The appellants, engaged on part-time contractual terms for over a decade, sought regularization alleging their roles were integral to the Central Water Commission's operations – High Court and Tribunal dismissed their claim citing la...
Employment Law – University Recruitment – Teaching Experience as a Criterion – Validity of Regulation – Shortlisting for Interviews – Regulations Interpreted - Respondent 1, an aspirant for the post of Assistant Professor at Allahabad University and its constituent colleges, challenged the non-inclusion of her teaching experience as a guest lecturer and contractual fa...
Resignation and Withdrawal – Validity – Appellant, a headmistress, tendered resignation effective from a future date – Withdrawal of resignation submitted before the effective date – Court emphasized the general principle that a prospective resignation can be withdrawn before it becomes effective – Resignation becomes effective only when it terminates the employment &...
Examination Process – OMR Sheet Filling Errors – Petitioners excluded from selection process due to improper filling/darkening of bubbles on OMR sheets – The court underscored the importance of strict adherence to instructions to maintain the sanctity and efficiency of the selection process – Emphasis on the mandatory nature of instructions and the lack of provision for rec...
Service Law – Appointment and Qualification – Higher Qualification – Petitioner, with qualifications higher than those prescribed for the position of JBT Teacher, was not approved for appointment by the Chandigarh Administration. Despite serving continuously for 32 years and retiring, her pension was denied due to the lack of formal approval for her appointment. The court recogni...
Industrial Law – Wrongful Termination – Compliance with ID Act – The case involved the State of Punjab's challenge to the Industrial Tribunal's award, which found the termination of Kamaljit, a work-woman, to be in violation of the Industrial Disputes Act, 1947. The Tribunal had ordered her reinstatement with 50% back-wages from the date of the demand notice, citing non-c...
Disciplinary Proceedings – Natural Justice – Denial of Defence Assistance – Petitioner not allowed to engage preferred defence representative, leading to a claim of violation of natural justice – Court held enquiry officer’s refusal to issue notice to proposed defence representative not in violation as the representative failed to appear on scheduled dates – Arg...