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...
Civil Service – Service Law - Performance Appraisal Report – Timeliness and Authority Discretion – The Supreme Court considered whether the delay by the Accepting Authority in completing the Performance Appraisal Report (PAR) for an Indian Administrative Services (IAS) officer breached the All India Services (Performance Appraisal Report) Rules, 2007. The dispute involved the var...
Service Law - Maintainability of Writ Petition – Recruitment Process of Central/Delhi Government – Jurisdiction under Article 226 barred by Section 14 of Administrative Tribunal Act, 1965 – Petition not maintainable in High Court .
Petitioner's Circumstances – Cleared Tier-I and Tier-II examinations – Missed deadline for renotified examination following Supreme...
Labour Law – Regularization of Contract Labour – issue of regularizing contract workers who were engaged in permanent and perennial work at Mahanadi Coalfields Ltd. The court examined the nature of work performed by these workers and the validity of their claim for regularization in light of the National Coal Wage Agreement-IV and the Industrial Disputes Act, 1947. [Para 2-6, 14-16]
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Disciplinary Proceedings – Constitution of Inquiry Committee: The School Tribunal and High Court found the Inquiry Committee's constitution improper under Rule 36(2)(b) of the MEPS Rules, as the President of the Management was not part of the committee. However, the Supreme Court noted that the President was initially a member but was replaced due to ill health, invoking the doctrine of ...
Service Law – Regularization of Employees – University directed to regularize services of employees working for 15-30 years on contractual basis with consequential benefits – High Court’s direction modified to restrict actual benefits to three years prior to the filing of writ petitions – Employees entitled to notional benefits and continuity in service from the date ...
Challenging Tribunal Award – Air India Ltd. (AIL) challenged award granting permanent status to respondents (wards of employees) engaged through subsidiaries (AIATSL, AICL, AIASL) following compassionate grounds policy – AIL's primary contention was the absence of direct employment relationship with respondents and impact of recruitment freeze per Government Memorandum. [Para 2, 4,...