Service Law – Overseas Deputation – The Supreme Court held that a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer, and the employee – The respondent failed to provide cogent evidence that the appellant was seconded to work overseas on deputation – A transient business visit without any written agreement detailing terms ...
Pension Scheme – Vested Rights – Supreme Court upheld the vested rights of the employees under the bank pension scheme introduced on 1st April 1989 – The Court held that the retrospective amendment made on 11th March 2014, which discontinued the pension scheme, violated Articles 14 and 16 as it took away accrued rights of the employees – The Court emphasized the importance ...
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...
Promotion Policy and LDCE Notification Challenge - Petitioner challenges circular dated 13.11.2023 on eligibility criteria for LDCE in DGM (E-4) Grade in Finance Cadre of IRCTC - Questions the arbitrariness of setting the cut-off date as 13.11.2023 instead of 01.07.2022 per IRCTC promotion policy - Argues for retrospective effect on promotion from 01.07.2022. [Paras 1-4, 14-15, 18-20]
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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 - Ad-hoc Appointment and Age Limit – Mithlesh Tyagi appointed as Hindi Pradhyapak on ad-hoc basis in 1983, beyond the age limit under Recruitment Rules – Regular recruitment had to be done through Staff Selection Commission (SSC) [Paras 1-3].
Tribunal’s Order and Respondent’s Career – Tribunal ordered to treat respondent’s service from 1...
Service Law - Dismissal from Service – Disproportionality of Punishment – Petitioner challenging orders of Summary Security Force Court (SSFC) and Directorate General BSF – Alleged disproportionate dismissal from service for using threatening and insubordinate language towards superior officer and another constable, and conduct prejudicial to good order and discipline – Hig...