Service Law - Dismissal without Inquiry – Rape Charges Against Teacher – Appeal against dismissal without inquiry under Article 311(2)(b) of the Constitution of India – Appellant, a teacher, accused of raping two minor girls – Dismissal from service without regular inquiry to prevent trauma and social stigma to minors – High Court upheld dismissal citing Division Benc...
Service Law - Dismissal from Service - Writ Petition - Challenge to dismissal order affirmed by Appellate Authority - Petitioner, Incharge of Police Malkhana, found grossly negligent in duty leading to missing money - Held, Petitioner's actions constituted gravest misconduct - Authorities need not reproduce statutory language if allegations substantiate misconduct - Writ Petition Dismissed [Pa...
Civil Service Law - Regularization of Service - Seniority List vs. Log Book - Appeal challenging the de-regularization of service by relying on the seniority list over a log book. Appellant claimed an earlier date of appointment based on the log book. Held that the log book, being in the custody of the employee and used only for recording certain facts, cannot supersede the seniority list, which i...
Service Law - Recovery of Excess Payment – Regular Second Appeal against order of lower appellate court setting aside recovery of excess amount paid to employee – Employee’s salary wrongly fixed by the department in 1996, error discovered in 2011, recovery sought – Held that recovery from employee impermissible when no fraud or misrepresentation is involved and when benefit...
Employee’s Compensation – Jurisdiction – Section 21 – Deceased driver killed during employment – Commissioner at Nuh awarded compensation – Appellant contended lack of jurisdiction as incident occurred in Mathura, UP – Court held jurisdiction valid where dependents reside or employer has registered office – Procedural notice irregularity does not pre...
Service Law – Seniority – Retrospective Effect of Eligibility – Petitioners, declared ineligible initially due to their degree in Electrical and Electronics Engineering, were later held eligible by the court – Petitioners sought to be treated as appointees of 2014 batch, despite actual appointment in 2015 – Held, as per Gurdeep Singh's case, petitioners were eligi...
Contracts Labour (Regulation and Abolition) Act – Employer-Employee Relationship – Reinstatement – Labour Court found that claimants, shown as employees of Contractors, were actually employees of the petitioner company – Registration under the 1970 Act did not specify the nature of work performed by the claimants – Held, Labour Court correctly held claimants as employ...
Service Law – Grant of Increment to Technical Personnel on Acquiring Ph.D. Qualification – Differentiation between Scientific and Technical Staff – Supreme Court sets aside the High Court’s decision upholding the Tribunal’s order granting two advance increments to technical personnel upon acquiring a Ph.D. degree – Held, scientists and technical staff belong to ...
Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...
Industrial Disputes Act – Contractual Employees – Retrenchment – Alternative Remedy – Appellants working as Data Entry Operators under Haryana Shehari Vikas Pradhiaran (HSVP) – HSVP is a statutory authority, not a housing apartment – Appellants prima facie covered under definition of "workmen" – Single Judge’s decision to relegate appellant...