Criminal Writ - Habeas Corpus – Custody of Minor – Applicability of Section 6 of the Hindu Minority and Guardianship Act, 1956 – The petitioner, a biological father, filed a habeas corpus petition alleging illegal custody of his minor son (aged 9 years) with the maternal grandparents (respondents) – Held: The petitioner, being the natural guardian under Section 6 of the Hin...
Appointment – Essential Qualifications – Petitioner challenged the appointment of respondents 6 and 7 to the post of Tradesman – Contention that B.Tech does not qualify as a higher educational qualification for the post – Special Rules prescribe ITI or equivalent certificates – Court held B.Tech degree as a qualification in the same faculty, thus pre-supposing the low...
Labour Law - Maintainability of Industrial Dispute - Definition of Workman - Section 2(s) of the Industrial Disputes Act, 1947 - Supervisory Role and Salary Ceiling - Tribunal lacked jurisdiction - The Workman, designated as Senior Charge Hand, performed supervisory and administrative duties and earned above the statutory salary ceiling - Held: Employee does not qualify as a "workman" un...
Encroachment Removal – Interim Protection – Petitioners challenged the demolition of structures on land claimed to be private, arguing that the JDA’s actions were beyond their authority under Section 72 of the JDA Act, as the land was not public. The court considered the interim prayer due to the Vacation Bench's limited role and emphasized that individual cases were not adju...
Labour Law - Jurisdiction of Labour Court - Minimum Wages Act vs. Industrial Disputes Act - The petitioner challenged the Labour Court’s direction to pay differential minimum wages to a workman engaged through a contractor, arguing the Labour Court lacked jurisdiction under Section 33-C(2) of the Industrial Disputes Act to determine disputed wage claims. Held: The Minimum Wages Act provides ...
Selection of Melsanthies – Non-Compliance with Court Orders – Eligibility Criteria for Selection – The petition raised issues concerning the selection process for the appointment of Melsanthies at Sabarimala and Malikappuram temples – The court observed that the Travancore Devaswom Board permitted candidates to submit fresh experience certificates, contrary to earlier court...
Preventive Detention – Subjective Satisfaction of Detaining Authority – Judicial Review – Detention Order Quashed – The detaining authority failed to establish a live and proximate link between the grounds of detention and the alleged activities of the detenue – Subjective satisfaction was vitiated due to lack of material evidence and application of mind – Decis...
Payment of Gratuity – Definition of Employee – Trainee vs. Apprentice – Petitioners challenged the orders affirming gratuity payments to employees, arguing exclusion of apprenticeship period under the 1961 Act. The High Court held that only apprentices undergoing training under the Apprentices Act are excluded from the Payment of Gratuity Act, whereas trainees outside its purview...
Administrative Law – Railway Licenses – Petitioners challenged Clause 5 and Clause 11 of the 2017 Policy, which abolished the renewal and extension of licenses for MPS units, arguing that it violated Articles 14, 19, and 21 of the Constitution – Petitioners contended they were coerced into converting their stalls to MPS under unequal bargaining conditions – Petitioners soug...
Service Law – Recovery Orders – Quashing Sought – Petitioner, a retired Sub Divisional Officer, challenged recovery orders of ₹3,174/- and ₹25,850/-, imposed via departmental inquiries for alleged omissions and negligence – Petitioner contended that inquiries were conducted improperly, and the punishment orders were non-speaking – Held: Departmental inquiries were...
