Service Law – Regularization of Casual Employment – Long-term Employment as Circle Organizers (COVDO) – Petitioners’ Discharge Set Aside – The petitioners were employed as COVDOs on a temporary basis in 1993 and 1996 and served for many years. They were repeatedly terminated, reinstated, and finally discharged. The petitioners challenged their discharge, seeking regul...
Promotion and Seniority – Retrospective Effect – Appellant Board’s decision not to grant the respondent retrospective promotion to the post of Joint Secretary with effect from 29th July 1997 – High Court’s direction for retrospective promotion overturned – Supreme Court holds that promotions are effective from the date they are granted, not from the date vacanci...
Employees' Provident Fund – Applicability – Contractual employees of the appellant company sought provident fund benefits – High Court directed that benefits be extended under the EPF Act – Supreme Court modified the direction, holding that benefits should be provided under the Pawan Hans Employees Provident Fund Trust Regulations for uniformity in service conditions &n...
Service Law – Termination – Challenge to High Court order upholding reinstatement – Termination order was a speaking order with reasons clearly stated – High Court erred in concluding the termination was without reasons – No legal or factual similarity between the cases of Ram Gopal and Shyam Behari Lal to warrant parity – Ram Gopal had not been in service since...
Service Law - Regularization of Services – Daily Wager's Claim – The petitioner, a 'Mali-cum-Chowkidar' appointed on a daily wage basis, sought regularization of his services from 01.10.2003 as per the policy instructions issued by the State of Haryana – His services were terminated and later reinstated with continuity by the Labour Court – Held: The petitioner ...
Service Law – Promotion – Temporary Charge – Appeal against the High Court’s direction to promote the respondent to the post of Assistant and thereafter to Section Officer under TBPS – Supreme Court held that merely assigning temporary charge does not constitute a promotion – Settlements between management and Employees' Association binding on employees &nda...
Payment of Gratuity – Definition of Employee – Appellant contended that service as a daily wager should be counted for gratuity under the Payment of Gratuity Act, 1972 – High Court ruled provisions of the Act do not apply to individuals governed by other statutes, specifically the Chhattisgarh Civil Services (Pension) Rules, 1976 – Supreme Court noted conflicting decisions ...
Labour Law – Kalelkar Award – Holidays on 2nd and 4th Saturdays – Overtime Compensation – The respondent-employees, who were employed in the Public Works Department, claimed entitlement to public holidays, including holidays on the 2nd and 4th Saturdays, and overtime pay for work performed on those days as per the Kalelkar Award – The Industrial Court allowed their co...
Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].
Condonation of Interruption – Rule 4.23 ...
Service Law – Dismissal – Reconsider the dismissal - Evidence and Proof – The respondent was dismissed from the Coast Guard on allegations of forgery related to a loan application. An expert could not definitively identify the author of the forged signature. The disciplinary proceedings led to a dismissal based on presumptions and suspicion without concrete evidence. Held: The Hi...