Criminal Law - Double Jeopardy – Parallel Prosecution – Section 304-A IPC vs. Section 92 of the Factories Act – Quashing of Proceedings – The petitioners challenged the simultaneous criminal prosecution under Section 304-A of IPC alongside charges under Section 92 of the Factories Act, 1948, for the same incident of a worker's death due to electrocution at the factory &...
Labour Law - Employment Status of Canteen Workers – Contract Labour Regulation – Sham Contract Alleged – The Industrial Tribunal held that the canteen workers employed through a contractor were in fact employees of HAL, finding the contractual arrangement to be a sham due to HAL’s control over employment terms, wages, and work conditions. However, the High Court, interpreti...
Service Law - Recruitment Qualification – Prescribed vs. Equivalent Qualifications – Rule Interpretation – The qualification specified for the post of LDC was a Certificate in Data Entry and Office Automation from an approved institution. The Kerala Public Service Commission (KPSC) initially took a strict stance against recognizing higher qualifications, such as a Diploma in Comp...
Criminal Law – Departmental Proceedings vs. Criminal Trial – Petitioner, a constable, dismissed for bigamy following a departmental enquiry – Acquittal in criminal trial on same facts not affecting dismissal – Court upheld dismissal based on departmental rules and personal conduct standards [Paras 7-13].
Departmental Enquiry – Standards of Proof – D...
Labour Law – Criminal Law - Unfair Labour Practice – Quashing of Proceedings – Section 482 CrPC – Criminal Complaint Quashed – Petitioners sought quashing of criminal proceedings under Sections 25(T) and 25(F) of the Industrial Disputes Act, alleging that the company engaged in unfair labour practices by coercing workmen to resign from the union and terminating five e...
Disciplinary Action – Basis of Breath Analyzer – Petitioner challenged dismissal order – Contention that breath analyzer report is not conclusive proof of alcohol consumption – High Court referred to Supreme Court precedent requiring blood and urine tests for confirmation – Disciplinary authority failed to consider Supreme Court’s observation – Order of di...
Service Law – Age of Superannuation – The respondent, holding the post of Research Assistant, claimed to fall under the category of "Teachers" and sought retirement age of 65 years. The appellant-University contended that the respondent does not qualify as a "Teacher" and should retire at 60 years. The court upheld the respondent's claim, emphasizing his duties ...
Service Law – Retirement – Date of Birth – Petitioner’s retirement based on disputed date of birth – No proper enquiry conducted – Chairman of Nagar Panchayat unilaterally changed the date of birth based on Life Insurance Policy papers – Original date of birth in service book not altered – Held, retirement order quashed – Petitioner reinstated ...
Disciplinary Proceedings – Non-Issuance of First Show-Cause Notice – Deceased employee dismissed from service after prolonged unauthorized absence – Disciplinary authority failed to issue the first show-cause notice along with the enquiry report as mandated by Rule 15(10) of the OCS (CCA) Rules, 1962 – High Court quashed the dismissal order due to procedural lapses and viol...
Compassionate Appointment – Criteria and Application – Petitioners challenged the denial of compassionate appointment to Pradip Kumar Pandit despite multiple directives for reconsideration from the learned Tribunal. The respondents repeatedly rejected the application based on the inapplicability of educational qualifications and procedural grounds. The court affirmed that the compassio...