Service Law – Appointment of Constable – Acquittal on Benefit of Doubt – Respondent acquitted under Sections 302, 323, 341, 34 of IPC due to benefit of reasonable doubt – Trial Court opined prosecution failed to prove charges beyond reasonable doubt – Respondent applied for constable post in Rajasthan Police – Recruitment process included disqualification for th...
Service Law – Disciplinary Control – Manipulation in Weight Measurement – Respondent accused of manipulating weight measurement by creating a hidden chamber in milk tankers, causing financial loss – Inquiry Officer found charges partially proved – Punishment order of reversion to minimum pay scale passed after approval from Commissioner (Dairy Milk)/Registrar – ...
Employee State Insurance Act – Wages – Section 2(22) ESI Act – Travelling Allowance – Conveyance Allowance – Definition of wages excludes travelling allowance – Conveyance Allowance is akin to travelling allowance – High Court and ESI Court rightly excluded Conveyance Allowance from wages [Paras 11-30].
Service and Labour Laws – Definition of Wage...
Service Law – Reservation – Sections 27 and 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Reservation in direct recruitment – Meritorious candidates from reserved categories to be considered in the General Turn first – Backlog vacancies to be filled first among reserved category candidates – Misinterpretation of Sectio...
Sexual Harassment Allegations - Disciplinary Proceedings - The respondent, an Area Organizer at the Service Selection Board (SSB) Rangia, Assam, faced allegations of sexual harassment from a female colleague. Initial on-spot inquiries and reports by Frontier and Central Complaints Committees failed to fully substantiate these allegations - Central Complaints Committee's subsequent inquiry esta...
Larsgess Scheme – Termination and Constitutional Compliance – The Larsgess Scheme, allowing certain wards of serving railway employees entry into service without competitive selection, was found inconsistent with Articles 14 and 16 of the Constitution. The Union of India justifiably terminated the scheme. Claims under the terminated scheme do not warrant relief, as they would result in...
Voluntary Retirement – Eligibility and Notice Period – Regulation 29 of the Indian Bank Employees Pension Regulations, 1995, entitles an employee to voluntary retirement after 20 years of qualifying service by giving three months' notice. A request for waiver of the three-month notice period must be considered on merits. The High Court correctly found that the respondent’s re...
Service Law – Termination and Abandonment of Service – The employer must justify termination before the tribunal by leading evidence if no disciplinary enquiry is conducted. The entire matter, including whether the dismissal or discharge was justified, would be open before the tribunal. A defective enquiry is treated similarly to no enquiry, necessitating the employer to prove the fact...
Judicial Service – Appointment beyond Advertised Vacancies – The Supreme Court considered whether appointments to the post of Munsiff-Magistrate can be made beyond the number of probable vacancies advertised, as per Rule 7(2) of the Kerala Judicial Service Rules, 1991. The High Court had held that vacancies arising within a year of the approval of the select list by the Governor should...
Service Tax - Works Contract Service - Valuation - Option to pay service tax at reduced rate - Whether the assessee providing works contract service is entitled to take the total contract value, including goods and services, for remittance of service tax and claim CENVAT credit on the entire amount - Determination of value under Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and t...