Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Labour Law - Contract Law – Payment for completed work – Institute issued completion certificate confirming work done satisfactorily, yet withheld final payments, leading contractors to seek judicial remedy – Initial writ petitions allowed, directing institute to release payments with interest – Appeals challenge these directions on grounds including the validity of financi...
Writ of Mandamus – Selection as Para Teacher – Petitioner’s claim for appointment as additional para teacher in Geography at Chouhata Adarsha Vidyapith based on participation and alleged top performance in relevant selection interview – Controversy over notice details and gender-specific reservation for the post – Discrepancies in documentary evidence regarding interv...
Judicial Service – Misconduct – Petitioner, a judicial officer, removed from service based on multiple incidents of misconduct including irregular attendance, misbehavior, and intoxication; challenged the removal as disproportionate and based on unreliable witnesses – High Court examined the meticulous inquiry process followed, including opportunity given to the petitioner to def...
Workmen's Compensation - Appeal against order of Commissioner for Workmen’s Compensation awarding compensation to claimant - Claimant, a bus conductor, suffered chest pain during employment, sought medical attention, and met with an accident on the way to the hospital - Claim for compensation filed - Insurance company, appellant, challenges liability to indemnify subsequent owner of the ...
Jurisdictional Challenge and Applicability of Labour Laws – Petitioner contends that being governed by the Kerala Co-operative Societies Act, they are exempt from other labour legislations as the Act provides a complete code; Assistant Labour Officer's jurisdiction challenged – High Court finds that the Kerala Co-operative Societies Act does not preclude the application of general ...
Issue of Genuineness and Jurisdiction – The core issue raised involves the genuineness of certificates produced by the respondents for staff nurse positions – The Central Administrative Tribunal ruled it lacked jurisdiction over the direct challenge against the validity of certificates as these are issued by statutory bodies, i.e., Kerala and Tamil Nadu Nurses and Midwives Councils, wh...
Letters Patent Appeal – Challenging Labour Court’s Award – Appeal against the judgment affirming the Labour Court’s award of reinstatement with full back wages – The appellant employer’s departmental inquiry found to be vitiated due to lack of fair opportunity for the workman to cross-examine witnesses and present his own. [Para 2]
Delay in Proceedi...
Gratuity Payment Dispute – Retired municipal employee, Amiya Kumar Roy, did not receive his gratuity upon retirement on February 28, 2018 – Initially sought judicial remedy resulting in an order on August 5, 2021, mandating the municipality to pay the gratuity within eight weeks; the question of interest was left open – Municipality later challenged the additional claim for inter...
Service Law - Employment Law – Dispute regarding payment of interest on arrears following a settlement – Appellant, Bridge and Roof Company (India) Ltd., challenges direction to pay interest to the respondent, a retired employee, for delay in payment of arrears pursuant to a settlement – Settlement between the company and its employees under the Industrial Dispute Act was dated 3...