Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modif...
Service Law – Dismissal from Service – Departmental Enquiry – Criminal Charges – Writ Petition challenging the order of dismissal from service based on a departmental enquiry – Petitioner alleged to have amassed assets disproportionate to known sources of income – Enquiry report based on FIR and suspension order without substantial evidence – Held, departm...
Industrial Law – Application of Conferment Act – Civil Appeals against High Court decision affirming the conferment of permanent status to workmen – Tamil Nadu Medical Services Corporation claimed exemption from the Act – High Court and Supreme Court analyzed the applicability of the Act – Held, Tamil Nadu Medical Services Corporation qualifies as an industrial establ...
Labour Law – Coverage under Employees’ State Insurance Act, 1948 – Appeal against High Court decision exempting Nagar Nigam Allahabad from coverage under ESI Act – Appellant Corporation contended that the workshop run by Nagar Nigam engaged in repairs and maintenance of vehicles is a 'factory' under the Act – High Court quashed recovery notice issued by ESI Co...
Service Law – Acquittal and Departmental Proceedings – Impact of Criminal Acquittal on Disciplinary Actions – Petitioners acquitted in criminal trial seek reinstatement with same rank and benefits – Petition dismissed – Petitioner seeking quashing of the charge-sheet and office order imposing penalties on the petitioners – Petitioners contended that their acquit...
Companies Act – Appeal under Section 483 against Rejection of Statutory Interest Claim by Workmen – Jharkhand High Court upheld the decision of the Single Judge rejecting the workmen’s claim for statutory interest under Rule 156 of the Companies (Court) Rules, 1959 – The Court found no error in the previous order as the claim for interest was not raised or adjudicated upon ...
Labour Law - Industrial Dispute - Reference under Section 10(1)(c) and 10(2A) of Industrial Disputes Act, 1947 - Pending Miscellaneous Cases - Labour Court Adjudication – High Court upheld the reference made by the State Government to the Labour Court regarding the dismissal of the respondent-workman despite the pendency of Miscellaneous Cases under Section 33(2)(b) and Section 33-A before t...
Administrative Law – Pension and Gratuity Withheld – Resolution directed by the High Court to release funds along with interest following unjust withholding by municipal authorities despite clearances from multiple enquiry reports – Kunal Chandra Sen, a school headmaster accused of misappropriation but later cleared, struggled to receive pension and gratuity after retirement &nda...
Service Law - Regularization of Service – Food Corporation of India – Appeal against regularization order – Petitioner employed since 1986 on various temporary and contingent bases, performing duties without full-time status or proper pay scale – Single Judge directed regularization as Safaiwala/housekeeping staff from 06.09.2002, with all benefits – Appellant’s...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...