Service Law – Seniority Determination – Officiating Period Exclusion – Seniority calculation must exclude period spent in a promotional post on officiating basis unless specified otherwise in rules – Officiating service cannot count towards length of service in a particular post for seniority purposes – Appellants' seniority claim based on officiating service reje...
Tender Conditions – Judicial Review – Appellant (AAI) challenged the High Court's quashing of its tender conditions for ground handling services, including eligibility criteria and region-wise sub-categorisation of airports – High Court ruled these conditions arbitrary and discriminatory – Supreme Court overturned High Court’s decision, citing principles of judici...
Appointment – Legal Principles and Time Frame – The respondent applied for compassionate appointment 14 years after the death of her father, who was an employee of the Compassionate appellant – High Court directed reconsideration of the application – Supreme Court held that compassionate appointment is an exception to the general rule and aims to provide immediate relief to...
Retiral Benefits – Leave Encashment and Age of Superannuation – The appellants challenged the Single Judge's order extending leave encashment benefits for service beyond 60 years. The court held that there is no uniform rule that leave encashment forms part of salary, and it depends on specific statutes and regulations. The Panjab University regulations did not provide for leave en...
Service Law – Leave Encashment – Salary Component – Leave encashment forms part of salary under the Rajasthan Non-Government Educational Institutions Act, 1989 – State responsible for 70% of leave encashment, with the management establishment covering 30% – Arbitrary Rule 5(viii) of the 2010 Rules invalidated as unconscionable and unenforceable [Paras 18-21].
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Service Law – Termination of Services – Suppression of Information – Employee terminated for suppressing material information and making false statements in the verification form regarding criminal antecedents – Court held that suppression of such information impacts the character, conduct, and antecedents of the employee – Employer has the right to consider anteceden...
Service Law – Illegal Termination – Reinstatement and Back Wages – Appellant, a watchman, terminated without notice or procedure under Industrial Disputes Act – Labour Court and Single Judge found termination illegal, ordered reinstatement without back wages – Division Bench replaced reinstatement with lump sum compensation – Supreme Court restores reinstatement...
Service Law – Pension – The Supreme Court upheld the High Court’s decision that the respondent’s past service with the Rajasthan Agriculture Engineering Board and the Rajasthan State Agro Industry Corporation should be counted for pension calculation. The Court emphasized that denial of pension is a continuing wrong, and financial rules capable of multiple interpretations s...
Employees' Compensation – Permanent Disability – Compensation – The appellant, who suffered a 60% permanent disability due to a fall while working, was initially awarded compensation by the Commissioner based on a medical certificate – The High Court set aside this award based on a subsequent medical examination conducted after nine years, which found no permanent disab...
Excise Duty – Modvat Credit – The appellant claimed Modvat credit on 'Guide Cars' under Rule 57Q, asserting they were 'components' of Coke Oven Battery – The classification of 'Guide Car' by the supplier under Chapter sub-heading 8603.00 was upheld – 'Guide Car' found not to be an integral part of Coke Oven Battery but distinct equipment used...