Service conditions of officers and servants of High Court – Primacy of Chief Justice – Enhancement of retirement age – Proposal to enhance retirement age from 56 to 58 years – Committee recommendation for enhancement of retirement age for meritorious employees – Government’s rejection citing parity with government servants’ retirement age – Jurisdict...
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...
1. Workmen's Compensation Act, 1923 - Jurisdiction of Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation - Contesting claim - Scope of - High Court holding the claim as coram-non-judice - Appeal against - Written statement filed by respondent not amounting to contest - Employer admitting the claim - Lack of cross-examination by insurer - Claim not meeting the criteria of a co...
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...
Civil Law - Court Fee – Declaration and Consequential Relief – Mandatory Injunction as Distinct Relief – Challenge to trial court's order directing plaintiff/petitioner to pay ad-valorem court fees for relief of mandatory injunction, separate from the relief of declaration. The trial court found mandatory injunction not to be a consequential relief to the declaration, necessi...
Public Service – Promotion and Direct Recruitment – Applicability of Rules – Appeals challenging the High Court's directive to fill vacancies as per the old rules – High Court applied the principle from Y.V. Rangaiah v. J. Sreenivasa Rao, holding vacancies arising prior to rule amendments should be filled by old rules – Supreme Court reviews and restates the princ...