Minimum Wages – Correction of Errors – Only clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected under Section 10 of the Minimum Wages Act, 1948. The notification dated 23/24.05.2016, which fixed minimum wages including special allowance, was issued after following due procedure. The subsequent errata notification dated 14.07.2016, w...
Service Law – Cancellation of Appointment – The entire selection/recruitment process was found to be fraudulent, including manipulation in the resolution and absence of a valid resolution for the appointment. The cancellation of the appointment was upheld [Paras 6-7].
Judicial Review – Selection Process – The court held that once a selection process i...
Service Law - Military Law and Gender Discrimination – Invalidity of Termination on Grounds of Marriage – The Supreme Court, in addressing the issue of Ex. Lt. Selina John's termination from the Military Nursing Service post-marriage, held that such termination was wrongful and illegal. The rule mandating release on grounds of marriage, applicable solely to women, was deemed manife...
Compensation Policy – Punjab State Power Corporation Ltd. – Introduction of a comprehensive policy by respondents/PSPCL for compensation in cases of fatal/non-fatal injuries/deaths due to electrocution – Application to employees (regular and contractual) and private persons (including minors and adults) – Details of compensation under various scenarios provided. [Para 8]
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Pensionary Benefits – Counting of Seasonal/Contract Service for Pension – Petitioners seeking inclusion of seasonal/contract service period for qualifying service for pension under Articles 226/227 of the Constitution of India – Service rendered on an ad-hoc basis by petitioners before their regularization in 2004 not sufficient for pensionary benefits under old pension scheme &n...
Labour Court Ruling on Employee Reinstatement – Challenged by Daulat Panipurvatha Sahakari Sanstha – Writ petitions filed against Labour Court Satara's decision granting reinstatement with continuity of service and consequential benefits from termination date for respondent employees – Oral termination without inquiry, contrary to principles of natural justice and S...
Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...
Service Law – Direct Recruitment – Inter-se merit list – Preparation of inter-se merit list of selected candidates is inevitable even in the absence of an explicit provision in the rule or policy. The recruitment authority cannot place the candidates inter-se in the select list under the rule of thumb or by adopting a methodology inconsistent with the spirit of Articles 14 and 16...
Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Petition for Pension - Petitioner, a retired employee of respondent-bank, seeks pension from 01.06.2005 under the bank's pension policy, having submitted an application which is allegedly disregarded by the respondents. [Para 1-2]
Territorial Jurisdiction Questioned - Respondents argue the High Court of Punjab and Haryana lacks territorial jurisdiction as the petitioner retired fr...