Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...
Service Law – Misconduct – Quantum of Punishment: The respondent, a Postal Assistant, committed fraud involving fraudulent withdrawals in 85 RD accounts and non-credit of deposits in 71 RD accounts, defrauding Rs. 1,659,065. Despite the respondent's subsequent deposit of the defrauded amount with interest, the Supreme Court held that this did not mitigate the gravity of the miscond...
Insolvency Resolution Process Costs – Priority of Payments – Workmen’s Dues: The Supreme Court held that wages/salaries of workmen/employees who actually worked during the CIRP period and while the Corporate Debtor was managed as a going concern should be included in the CIRP costs. These dues are to be paid in full with first priority under Section 53(1)(a) of the IBC, 2016. How...
Labour Law – Territorial Jurisdiction – Preliminary Issue – The Labour Court decided that it lacked territorial jurisdiction since the appellant was employed, worked, and terminated at Ghaziabad – The Labour Court's decision, upheld by the High Court, was affirmed by the Supreme Court, which emphasized that the court at the location where the cause of action arose has t...
Educational Qualification – Requirement for Appointment – Advertised Qualification – Postgraduate and Bachelor Degrees in History – Appellants challenged the cancellation of their appointments due to having degrees in specialized branches of History rather than History as a whole – Supreme Court upheld the cancellation, affirming that specific educational qualificatio...
Education Law – Eligibility for Absorption – Absorption of Teachers – Post Qualification Teaching Experience – State Government took over a private Ayurvedic College – Screening Committee to assess qualifications and eligibility as of the cut-off date (June 1, 1986) – Supreme Court held that eligibility should be assessed as of the cut-off date and not based on ...
Payment of Gratuity – Meaning of "Wages" – Ad hoc payments made to workers pursuant to interim orders of the Supreme Court – Held, such ad hoc payments do not form part of "wages" under Section 2(s) of the Payment of Gratuity Act, 1972, as they were not earned by the employee in accordance with the terms and conditions of employment – Interim benefits ce...
Service Law – Dismissal from Service – Article 311(2)(b) Constitution of India – Sections 451, 354, 376B IPC – Rules 7.2(b) & 3 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 – Teacher accused of raping two minor students – Dismissal without regular inquiry – Apprehension of mental agony and social stigma to minors if subjected to cr...
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 – ACP Scheme – Stepping Up of Pay – The case involved a pay anomaly where juniors were drawing higher pay due to upgradation under the ACP Scheme – Supreme Court upheld the High Court's direction to step up the pay of seniors to match that of their juniors to remove the anomaly – The principle under Fundamental Rule (FR) 22 allows for such adjustments ...