Service Law – Promotion – Eligibility Criteria – Appellant's promotion to B.T. Assistant (English) quashed by High Court based on Rule 14, which disqualifies teachers with simultaneous B.A./B.Sc./B.Ed degrees during the same academic year – Appellant obtained B.A. (English) and M.A. (Tamil) degrees in different academic years – Rule 14 not applicable – High ...
Constitutional Law – Policy Decision – Interference – Court would not interfere with policy decisions if the State demonstrates intelligible differentia in application and such differentia has a nexus with the object sought to be achieved – Policy of Rajasthan to restrict bonus marks to employees within the State upheld as non-arbitrary [Paras 16, 22-23].
Admin...
Employment Law – Relationship between employer and employee – Minimum Wages Act, Industrial Disputes Act – Canteen Waiter as Bank Employee – Retrenchment of canteen waiter deemed illegal due to non-adherence to procedural requirements under Industrial Disputes Act, Section 25(F), (G), and (H) – Appeals dismissed – Orders of reinstatement with back wages upheld &...
Constitutional Law – Article 14 – Negative Equality – Supreme Court reiterates that Article 14 does not envisage negative equality but only a positive aspect – Relief granted to a few individuals inadvertently or by mistake does not confer any legal right on others to get the same relief – The principle of parity cannot be relied upon to perpetuate illegality or irreg...
Constitutional Law – Detention of Goods under CGST Act, 2017 – Release of detained goods under Articles 226 and 227 – Challenge against order of Assistant Commissioner detaining goods under Section 129 of CGST Act, 2017 – Authorities' power to check goods in transit when accompanied by valid documents – Investigation report relied upon to initiate proceedings unde...
Service Law – Selection Grade – Clean Record Requirement – The respondent, who was compulsorily retired and faced 19 charge-sheets during his service, sought Selection Grade benefits – Supreme Court held that employees are entitled to Selection Grade only if their service record is satisfactory, which implies an unblemished record – The respondent's multiple disci...
Labour Law – Industrial Disputes Act – Contractors’ Workmen – The respondent Union representing workmen engaged by contractors claimed wages and service conditions at par with ONGC employees – Supreme Court upheld the Tribunal’s award, as modified by the High Court, finding that the settlement of 19th September 2016 did not bind the respondent workmen and that t...
Service Law – Premature Retirement – Entire Service Record Consideration – Supreme Court held that an order of premature retirement must consider the entire service record, including both adverse and positive entries, up to the time of retirement – Recent reports are given more weight but do not exclude earlier records – The High Court’s decision to ignore recor...
Labour Law – Section 33(C)(2) of Industrial Disputes Act – Jurisdiction of Labour Court – Supreme Court held that the Labour Court under Section 33(C)(2) cannot adjudicate disputes regarding entitlement or the basis of the claim of workmen – The Labour Court's jurisdiction is limited to interpreting the award or settlement on which the claim is based, akin to the jurisd...
Service Law – Seniority and Promotion –Dispute over seniority between contractual employees regularized retrospectively and another employee appointed through direct recruitment – Regularization of respondents' service was cancelled by the State Government but reinstated by the High Court – Supreme Court upheld respondents' seniority based on initial appointment dat...