Employees Compensation – Enhancement of Compensation – 100% Functional Disability – The Supreme Court held that the appellant, who suffered severe injuries resulting in permanent disability, is entitled to compensation calculated based on 100% functional disability – The Commissioner for Workmen's Compensation erred in assessing the disability at 20% – Considering...
Contract Labour – Reinstatement and Absorption – Contract labourers claimed direct employment with the appellant, asserting the contract was sham – Industrial Tribunal and High Court ordered reinstatement and absorption without notification under Section 10 of CLRA Act – Supreme Court held that without such notification and evidence proving the contract was sham, reinstatem...
Service Law – Appointment Denial – Candidate denied appointment on the sole ground of being tried for an offence under Section 498A IPC despite acquittal – High Court erred in denying appointment – Appeal allowed [Paras 1-9].
Acquittal and Employment – Previous trial under Section 498A IPC resulted in acquittal due to settlement – No suppression of ...
Service Law - Dismissal from Service - Requirement of Regular Inquiry – Held, the punishment of dismissal from service can be inflicted for good and sufficient reasons only after a regular inquiry in terms of Rule 8 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 has been held. The petitioner had not concealed his qualifications at the time of initial engagement or subsequ...
Service Law – Regularization – Contractual Basis – The High Court ordered regularization of the respondent who had served as a driver on a contractual basis for over ten years – Supreme Court held that mere continuation in service does not entitle an employee to regularization, especially when the initial appointment was contractual and without a selection process – T...
Service Law – Dismissal for Gross Negligence – CISF Constable – The respondent, a CISF Constable, was dismissed from service for gross negligence and dereliction of duty, resulting in the theft of 800 kgs of copper wires from the site where he was on duty – The High Court converted the punishment to compulsory retirement, and the Division Bench directed reinstatement with f...
Seniority – Promotees vs. Direct Recruits – Promotees and direct recruits appointed in the same recruitment year (1997-1998) for the post of ACOs – Seniority list prepared by the State giving higher seniority to direct recruits challenged – High Court ruled in favor of promotees – Supreme Court upheld High Court's decision [Paras 1-28].
Application of...
Recognition of B.Ed. Colleges – State Government's Policy – State Government took a policy decision not to grant recognition to new B.Ed. colleges based on statistics showing that the number of B.Ed. graduates far exceeded the need for teachers, leading to unemployment – High Court quashed this decision as arbitrary – Supreme Court found the decision based on valid reas...
Permanent Commission – Armed Forces – Indian Navy – Women Officers – Short Service Commission – High Court's judgment challenged – AFT dismissed applications challenging denial of Permanent Commission – Principle issue whether AFT could adjudicate validity of selection proceedings when relevant material disclosed only to AFT in sealed cover – App...
Family Pension – Work-Charged Employee – Appellant's deceased husband was engaged as a Muster Roll employee and later appointed to the work-charged establishment – Deceased remained a work-charged employee until his demise – Work-charged employees not covered under M.P. Civil Services (Pension) Rules, 1976 – Board had adopted National Pension Scheme for work-charg...