Service Law - Gratuity and Interest - Payment and Refund – LPA challenging Single Bench order allowing interest on gratuity amount from 26.03.2002 to 01.11.2010 – Employee retired in 2001, received gratuity but had to refund it upon opting for the pension scheme – Supreme Court in Allahabad Bank &Anr. vs. All India Allahabad Bank Retired Employees Association ruled employees ...
Service Law – Assured Career Progression Scheme – Applicability – Appellants sought application of ACP Scheme retrospectively from August 9, 1999, as was done for State Government employees – BSEB adapted ACP Scheme effective from April 5, 2005 – Scheme not applicable to public undertakings or autonomous institutions unless specifically adapted – No malafide or ...
Service Law – MACP Scheme – Applicability and Implementation Date – MACP Scheme implemented with effect from 1st September 2008, not 1st January 2006 – MACP Scheme provides financial upgradation to the immediate next grade pay in the hierarchy of the pay bands, not the next promotional post – Decision based on Sixth Central Pay Commission recommendations and governmen...
Social Welfare Legislation – ESI Act – Applicability to BCCI – Whether BCCI qualifies as "shop" under the ESI Act – High Court and ESI Court held BCCI's activities to be systematic commercial activities – BCCI's primary objective to promote cricket does not exempt it from ESI Act – Liberal interpretation of "shop" under social welfare...
Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48].
...
Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...
Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...
Service Law – Promotion Guidelines – Difference between Backlog Vacancies and Regular Promotions – Appeals challenge High Court orders requiring separate zones of consideration for SC/ST promotions – Supreme Court distinguishes special drives for backlog vacancies from regular promotions – Regular promotions involve DPC evaluation; backlog promotions focus solely on r...
Employment Law – Termination During Probation – Misconduct Allegation – Appeal against the order of termination during probation. Held, termination based on unsatisfactory work and conduct during probation is neither stigmatic nor requires a detailed inquiry unless misconduct is specifically attributed. The appellant's termination, based on a "below average" ACR and...
Service Law – Age Relaxation – Recruitment – Appeal against High Court's direction for age relaxation under Uttar Pradesh Public Services (Relaxation of the Age Limits for Recruitment) Rules, 1992 – Respondent sought age relaxation for appointment as Mukhya Sevika – High Court's decision overturned by Supreme Court – State's uniform application of ag...