Facts:
The case involves a dispute over the selection process for the post of Physical Training Instructor (PTI) conducted by the Haryana Staff Selection Commission. The selection process included multiple criteria and stages, which were altered arbitrarily by the Chairman of the Commission. Candidates participated in the selection process without knowledge of changing criteria.
Is...
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 ...
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...
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 ...
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...
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...
Employment Law – Dismissal and Reinstatement – Appellant, employed in the Assembly department of the respondent, dismissed after a departmental enquiry found him guilty of causing disruption of work – Labour Court found enquiry findings perverse, ordered reinstatement with 25% back wages – High Court affirmed reinstatement but denied back wages, erroneously stated Labour Co...
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...
Service Law – Border Security Force Act, 1968 – Misconduct – Appellant, a BSF constable with 17 years of service, dismissed for overstaying leave – Applied for leave extension due to family emergency but rejoined late – Summary Security Force Court convicted and dismissed him – Statutory petition dismissed by Director General BSF – High Court reversed Sing...