High Courts
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench ofJustice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as an RPF Constable, was absent from duty due to compelling circumstances such as a health emergency and...
Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court
The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge status typically refers to a classification or designation given to employees, often in government or public sector...
BREAKING | Calcutta High Court Denies Bail To Former WB Education Minister Partha Chatterjee In Cash-For-Jobs Scam
The Calcutta High Court has declined the bail prayer of former Education Minister and Member of Legislative Assembly Partha Chatterjee in the cash-for-jobs recruitment scam, involving the illegal recruitment of Assistant Teachers under the West Bengal Board of Primary Education.A single bench upon going through the evidence including the amounts of money and assets, jewellery seized from Chatterjee and co-accused Arpita Mukherjee denied the bail application and held:I have taken into...
Unjust Retention Of Money Or Property Of Another Is Against Fundamental Principles And Patently Illegal: Jharkhand HC Imposes Rs 5 Lakh Penalty On JBVNL, Directs Board To Refund TDS
The Jharkhand High Court has held that any unjust withholding of money or property from another party goes against the fundamental principles of justice, fairness, and good conscience. In this context, the unauthorized deductions made from the ongoing bills are unquestionably unlawful.Furthermore, the Court has imposed a substantial penalty of Rs 5 Lacs on the Managing Director of Jharkhand Bijli Vitran Nigam Limited (JBVNL) for engaging in unnecessary litigation and presenting frivolous...
Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court
The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law. The bench noted that the determination of the employer-employee relationship between the Management and the deceased workman does not constitute a substantial question of law. Therefore, the appeal filed ...
Industrial Disputes Act Is Beneficial Legislation; Strict Timelines Under Commercial Courts Act Or CPC Ought Not To Apply: Delhi High Court
The Delhi High Court division bench of Justice Rekha Palli and Justice Saurabh Banerjee partially upheld the order of an Industrial Tribunal to allow a Worklady to submit additional documents along with her affidavit of evidence. The bench held that the Industrial Disputes Act, 1947 is a beneficial legislation where the strict timelines under the Commercial Courts Act or the CPC ought not to be applied. Brief Facts: The matter pertained to a Single Judge order of the Delhi High...
Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC
The Kerala High Court held that a person in jail is exempted from appearing in person at the registration office for registration of any document as per Section 38 of the Registration Act, 1908.Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete the registration process. “Going by Section 38 of the Act 1908, a person who is in jail is exempted from appearing...
Gauhati High Court Asks State's Agriculture Dept To Quell Doubts About Employment Status, Wages Of Muster Roll Workers
The Gauhati High Court recently directed Assam's Agriculture Department to furnish records of three letters issued in the years 2017 and 2018 to quell doubts regarding the employment status of muster roll workers and wages due to them. The direction came in a writ petition filed by 43 petitioners making a claim of payment of their wages in lieu of services rendered as Muster Roll Workers in the Agriculture Department.It was submitted that the petitioners were inducted in the services during the...
Failure Of Management To Prove Credibility Of Resignation Letter, Termination Of Illiterate Worklady Declared Invalid: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth declared the termination of an illiterate work lady violative of Section 25-F of the Industrial Disputes Act, based on the Management's failure to verify the handwriting on the resignation letter. Since the management failed to present any witnesses to support the authenticity of the resignation and acceptance documents, it was directed to either reinstate the work lady or pay Rs. 3 Lakh lumpsum compensation. ...
[NEET UG 2024] Reasonable Accommodation Not Limited To Those Suffering Disability Under 2016 Act: Madras HC Paves Way For Student Wearing Adult Diaper To Attend Exam
The Madras High Court recently paved the way for a student, with a special need of wearing adult diapers, to attend the NEET UG Examinations wearing the diaper. The court noted that the principle of reasonable accommodation was not restricted to those suffering disability under the Rights of Persons with Disabilities Act 2016 but to all persons having special needs. “Article 15(3) of the Constitution enables the State to make special provision for women and children. There is no...
[Sandeshkhali] Calcutta High Court Directs CBI To Evolve Method Of Confidence Building To Obtain Complaints From Sexual Assault Survivors Amid Allegations Of Threats
The Calcutta High Court on Thursday directed the Central Bureau of Investigation to evolve methods of confidence building among local women of Sandeshkhali who were victims of sexual assault in order to register their complaints amidst allegations that these women were being threatened against raising their voices. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmnay Bhattacharya had earlier entrusted the probe into allegations of land grabbing and sexual assault to the CBI...
Company Must Be Necessary Party For Its Offenses Under Minimum Wages Act, Directors Can't Be Sued Separately For Vicariously Liability: Karnataka High Court
The Karnataka High Court single bench of Justice S Vishwajith Shetty held that a company must be accused as a necessary party for its offences under the Minimum Wages Act, 1948. Persons acting on its behalf, including directors, cannot be criminally prosecuted if the company itself is not named as an accused party. Brief Facts: Mr Padpara Patti and Mr Sameer Sulathana (“Petitioners”) were accused in a Criminal Complaint before the Court of Judicial Magistrate First Class. The...