Chronic Osteoarthritis Is 'Severe Illness' Under Railway Rules; Penal Rent For Retention Of Govt Accommodation Not Sustainable: Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that chronic degenerative diseases like osteoarthritis qualify as “severe illness” under Railway Board circulars, entitling an employee to regularization of retained government accommodation and it exempts from penal or special licence fee. Background Facts The respondent was appointed in the Indian Railways Account Service in 1987. He was allotted government accommodation at a...

Equal Pay For Equal Work Requires “Wholesale Identity” With Compared Cadre; Difference In Educational Qualifications Justifies Pay Disparity: Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that the principle of Equal Pay for Equal Work applies only when there is complete parity in recruitment, qualifications, and service conditions, and mere similarity in designation or duties does not justify pay parity, when educational qualifications are different. Background Facts The Petitioner Association is a registered body representing Laboratory Technicians working in...

Financial Constraints Of State Road Transport Corporation No Defence To Deny Lawful Dues Of Workman: Rajasthan High Court

While hearing the petition moved by a retired employee of the Rajasthan State Road Transport Corporation aggrieved due to non-payment of dues against weekly rest for almost 13 years, Rajasthan High Court observed that any rightful claim of workman could not be denied on the ground that RSRTC did not have sufficient funds.The bench of Justice Ashok Kumar Jain held that RSRTC might be...

'Promotion Under Seniority-Cum-Merit Must Be Based On Seniority In Cadre, Not Date Of Initial Appointment': Bombay High Court

The Bombay High Court has held that where promotions are governed by the principle of “seniority-cum-merit”, seniority must be reckoned in the feeder cadre and not based on the date of initial appointment to service. The Court observed that once an employee satisfies the minimum eligibility and merit requirements prescribed for the promotional post, seniority in the immediate lower cadre becomes determinative, and the employer cannot revert to the date of entry into service to alter the...

Rajasthan High Court Orders Full Back Wages For Employee Who Was Wrongfully Compulsorily Retired, Slams 'No Work, No Pay' Argument

The Rajasthan High Court directed the State to pay salary and wages to the petitioner for the period of his compulsory retirement following the decision of the appellate authority that set aside the order of compulsory retirement after finding that the petitioner's past service records were not so poor to warrant such action. The bench of Justice Praveer Bhatnagar made reference to a...

Public Servant Can't Exit Service By Resignation To Frustrate Disciplinary Inquiry: Rajasthan High Court Upholds Dismissal

The Rajasthan High Court has dismissed a petition filed by an RAS officer challenging rejection of his resignation by the State as well as an order imposing penalty of removal from service, opining that considering the conduct of the petitioner, the State's actions did not suffer from any legal infirmity. The bench of Justice Anand Sharma held that no vested or automatic right was created...

Admission In Employer's Written Statement Sufficient To Prove Employment Relationship Under Workmen's Compensation Act: Gujarat High Court

The Gujarat High Court quashed an order rejecting a compensation claim by the kin of a deceased worker holding that a clear admission made by the employer in a written statement filed before the authority is sufficient to establish existence of an employer–employee relationship under the Workmen's Compensation Act. In doing so the court observed that strict proof as per Indian Evidence Act...

Writ Not Maintainable For Enforcement Of Private Service Contract Against Unaided School: J&K&L High Court

The Jammu & Kashmir High Court held that a writ petition under Article 226 of the Constitution is not maintainable for enforcement of service-related rights arising out of a private contract between a teacher and a private unaided school.A bench of Justice Sanjay Dhar reiterated that though private educational institutions may, in certain circumstances, be amenable to writ...

Central Govt Employees Governed By CCS Rules Excluded From Payment Of Gratuity Act : Supreme Court

The Supreme Court on Wednesday (February 11) held that the retired employees of the Heavy Water Plant (HWP), Tuticorin, functioning under the Department of Atomic Energy (DAE), are not entitled to gratuity under the Payment of Gratuity Act, 1972 (PG Act), as they are Central Government servants governed by the Central Civil Service (Pension) Rules, 1972. A Bench comprising Justices Pankaj...

Daily-Wage Workers Can't Afford Unpaid Weekly Offs: Rajasthan HC Rejects 26-Day Wage Formula, Seeks Correction Of Govt Order

While underscoring the ground realities of working conditions for daily-wage workers, Rajasthan High Court held that not every daily wage worker received paid-rest day every week. Hence, they cannot afford such unpaid rest day. Therefore, calculation of a daily wage worker's monthly wage should not happen based on 26 days, rather than 30 days. The bench of Justice Anoop Kumar Dhand observed...

ID Act | Workmen Need Not File Separate Application If Prior Grievances Raised With Employer Were Marked To Conciliation Officer: Jharkhand HC

The Jharkhand High Court has held that a formal application under Section 2A(2) of the Industrial Disputes Act, 1947 is not mandatory, if the workmen have marked copies of their representations and grievances addressed to the employer to the Conciliation Officer, thereby bringing the dispute to the notice of the labour authorities.A Single Judge Bench of Deepak Roshan was hearing writ...

Supreme Court Rejects TN Cadre IPS Officer's Claim For Rajasthan Cadre Vacancy Of 2004

The Supreme Court recently rejected a 2004 batch Tamil Nadu Cadre IPS officer's plea seeking appointment against an insider vacancy for the same year in the Rajasthan Cadre after two senior candidates declined to join.A bench of Justice Rajesh Bindal and Justice Atul S. Chandurkar noted that appellant Rupesh Kumar Meena raised the claim six years later in 2010, and observed that interfering...