Does State Employer has the choice on who should enter its service? Supreme Court decides
Supreme Court: The Bench of K.M. Joseph and S. Ravindra Bhat, JJ. while addressing the matter, observed that, Public service – like
employee
Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision
Delhi High Court: Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same
P&H HC | Can an employee who has foregone his promotion claim seniority over his juniors promoted earlier than him? HC answers
Punjab and Haryana High Court: Harsimran Singh Sethi, J., held that length of service in the cadre in which the seniority is
CAT | Premature retirement does not amount to punishment; Tribunal cannot go into adequacy where adverse facts exist against the employee
Central Administrative Tribunal (CAT): The Bench of Justice L. Narasimha Reddy (Chairman) and Mohd. Jamshed (Member) held that premature retirement does not
Jhar HC | Employees of Telco Recreation Club cannot claim parity in pay with employees of Telco Ltd.; HC quashes Labour Court’s order
Jharkhand High Court: S.N.Pathak, J., held that the employees of Telco Recreation Club cannot claim parity in pay and other benefits at
CAT | Employer is entitled to withhold payment of gratuity even after the employee had attained his superannuation; Tribunal reiterates legal position
Central Administrative Tribunal (CAT): Aradhana Johri, Member (A), partly allowed the instant application whereby the applicant had sought for issuance of directions
Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law
Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.
CESTAT | Whether reimbursement of salary paid to ‘secondee’, to parent company, amounts to consideration for provision of manpower recruitment & supply agency services, within the meaning of S. 65(68) of Finance Act; Tribunal explains
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P. Venkata Subba Rao (Technical Member) and P. Dinesha (Judicial Member)
HP HC | Where an employee has worked on a daily wage basis on two separate posts in lower and higher scales, can he be given the benefit of service rendered in lower scale and be regularized in higher scale by combining two services after 10 years; HC elucidates
Himachal Pradesh High Court: Vivek Thakur J., while allowing the present petition, made an elaborated discussion over conditions for granting benefit of
Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers
Supreme Court: In a case where a company provided trained and efficient security guards to clients, claimed that security guards were the employees of the client, the
Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated
Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and
HP HC | Whether an employee who retired on 31st of a month is entitled to increment which would have fallen due on 1st of the next month; HC elucidates
Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., dismissing the present claim against the
Decoding the Industrial Relations Code, 2020
by Aditya Gaggar*
MP HC | Court declined to interfere in the posting of an employee; remarked that High Court is not an appellate authority for such grievances
Madhya Pradesh High Court: G.S. Ahluwalia, J., dismissed the petition finding no ground for interference in the impugned order. The petitioner has
Telangana HC | Can HC decide whether an FIR is false or frivolous? HC discusses in a case where an employee is suspended in light of ongoing criminal case & departmental enquiry
Telangana High Court: A Division Bench of Raghvendra Singh Chauhan, CJ and T. Vinod Kumar, J., while addressing a writ appeal observed that
CESTAT | Employee not liable for the actions of the senior while following instructions; Tribunal allows appeal and sets aside penalty under S. 112 (a) of Customs Act
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Bench of Anil Choudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed
CAT | Post-retirement pensionary benefits cannot be withheld by organisation on account of failure on its part in timely verification of employee’s service records
Central Administrative Tribunal, Ernakulam: The Coram of Bidisha Banerjee (Judicial Member) and Nandita Chatterjee (Administrative Member) allowed the application granting desired relief
P&H HC orders reinstatement of employee dismissed for misconduct under Art. 311(2) without recording sufficient reasons
Punjab and Haryana High Court: While deliberating over a matter of wrongful termination of a public servant’s services, Anil Kshetarpal, J., allowed
CAT | An employee has no vested right to hold on to a particular post when he is transferred to another post, CAT deliberates
Central Administrative Tribunal, Ernakulam: The Coram of P. Madhavan (Judicial Member) and K.V. Eapen (Administrative Member) disposed the application denying relief to
Demise of any Coal India Employee due to Covid 19 will be treated as Accidental Death: Union Minister of Coal & Mines
Death of Coal India employees due to Corona Pandemic will be treated as accidental death and the kins of employee will get