Service Law - Challenging Procedure in Departmental Enquiry – Interpretation and Application of Law – Petitioner, a workman, challenged the procedural validity of his termination based on a departmental enquiry by invoking the extraordinary jurisdiction under Article 226 of the Constitution. The Labour Court-II upheld the procedure as valid, which was contested in this writ petition. T...
Jurisdictional Challenge and Applicability of Labour Laws – Petitioner contends that being governed by the Kerala Co-operative Societies Act, they are exempt from other labour legislations as the Act provides a complete code; Assistant Labour Officer's jurisdiction challenged – High Court finds that the Kerala Co-operative Societies Act does not preclude the application of general ...
Workmen's Compensation - Appeal against order of Commissioner for Workmen’s Compensation awarding compensation to claimant - Claimant, a bus conductor, suffered chest pain during employment, sought medical attention, and met with an accident on the way to the hospital - Claim for compensation filed - Insurance company, appellant, challenges liability to indemnify subsequent owner of the ...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Service Law - Promotion Dispute - Validity of Diploma - Writ Petition under Article 226 - Promotion to the post of Junior Engineer sought by petitioner based on Diploma in Civil Engineering obtained from 'Institute of Advanced Studies in Education Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan' - Respondents withheld promotion citing non-recognition of University for distan...
Employee Date of Birth Discrepancy – Respondent no.3, employed at Barsua Iron Ore Mines, declared different dates of birth during his employment – Initially declared 27.12.1948, later changed to 12.03.1955 – Discrepancy affected retirement date and subsequent claims. [Paras 4-7, 16-17]
Submission by Appellant – Appellant argued against the change in date of bir...
Classification of Employees as Workmen – Industrial Disputes Act, 1947 – Section 2(s) – Interpretation by Industrial Tribunal – Challenge in High Court – High Court upholds Tribunal’s classification of certain employees as ‘workmen’ under the Act. Tribunal found that these employees primarily performed manual, skilled, and unskilled work, contrary to...
Challenge against Tribunal’s Order – Petitioner aggrieved by Tribunal's dismissal of his application for deemed promotion date post-professional exam success – Tribunal's decision based on limitation and interpretation of Government Resolutions – High Court reevaluated the case, focusing on the continuous nature of cause of action and Government Resolutions interpre...
Service Law – Disciplinary Proceedings – Compulsory Retirement – Court examined the petitioner's challenge against the Tribunal's dismissal of his appeal regarding disciplinary actions including compulsory retirement, and later modification to withholding promotion for five years. The disciplinary actions stemmed from false declarations made by the petitioner concer...
Land Acquisition and Railway Employment Policy – Petitioners claim employment as a right following land acquisition by Railways – Question of policy application in granting jobs for land acquired for railway projects – Monetary compensation deemed primary, employment secondary and conditional – Review of Railway employment policy implications. [Paras 1, 2, 4, 8, 16-17]
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