High Courts
When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Background Facts Ashok Kumar (Workman) was appointed as a daily wage worker in the laundry department of AIIMS 1989. In 1995, the...
Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
The Madhya Pradesh High Court (“High Court”) single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. It held that the Assistant Labour Commissioner is not competent to decide the complaint filed by the Inspector under the Minimum Wages Act. The High Court noted that Section 20(1) of the Minimum Wages Act...
Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court
The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on the deceased, G. Nagendra who worked as a driver. Nagendra earned a monthly salary of Rs. 3,500 along with a...
Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. Brief Facts: Smt. Priyanshi Garg, a contractual employee, has filed a writ petition under Article 226 of the Constitution of India challenging an order dated...
Consent Certificate Does Not Absolve Authorities From Basing Deductions From Retiral Benefits On Legally Valid Grounds.: Manipur High Court
A single bench of the Manipur High Court comprising of Justice Ahanthembimol Singh while deciding a Writ Petition in the case of K Yangla vs State of Manipur & Ors has held that Consent Certificate given by employee agreeing to deductions of Government Dues from retiral benefits does not absolve authorities from basing such deduction on legally valid and tenable grounds. Background Facts K. Yangla (Petitioner) was serving as Assistant Sub-Inspector of Police (ASI) in the Manipur...
Date Of Birth Recorded In HSC Pass Certificate Is To Be Taken As The Date Of Birth For All Purposes: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Biraja Prasanna Satapathy while deciding a Writ Petition in the case of Madan Raul vs State of Orissa & Ors has held that date of birth recorded in the HSC Pass Certificate is to be taken as the Date of birth for all purposes. Background Facts Madan Raul (Petitioner) entered into service in 1968 as a Peon. His date of birth was recorded as 12.07.1948 in the service book opened after this appointment. The...
Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge of her daughter-in-law Neelam Devi from the case.Background of the Case:Neelam Devi and Surinder Kumar...
Cost Of Air Conditioning Services Provided In Schools Have To Be Borne By Parents: Delhi High Court
The Delhi High Court has observed that the cost of air conditioning services provided to children in schools have to be borne by the parents.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the air conditioning facility is no different from other charges such as lab and smart class fee levied by the schools.The court rejected a PIL seeking a direction on the Delhi Government's Directorate of Education to ensure that Maharaja Agrasain Public...
Delhi High Court Weekly Round-Up: April 29 To May 05, 2024
Citations 2024 LiveLaw (Del) 507 to 2024 LiveLaw (Del) 545NOMINAL INDEXMukesh Kumar Singh Versus Commissioner Of Delhi GST 2024 LiveLaw (Del) 507M/s Oasis Projects Ltd v. National Highway & Infrastructure Development Corporation Ltd 2024 LiveLaw (Del) 508Larsen & Turbo Ltd v. IREO Victory Valley Pvt Ltd 2024 LiveLaw (Del) 509ASHOK KUMAR SINGH AND ORS v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 510Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr. 2024...
Benefits Under Central Assistance Scheme Can't Be Denied To Victims Of Terrorism Solely Because Incident Occurred Before Its Official Launch: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.In allowing a plea for compensation under the scheme Justice Sindhu Sharma observed,“The only issue is there guidelines provide for incidence that are operative...
Ban On Liqour Sale In Raigad District To Operate On Specific Polling Dates For Its Two Lok Sabha Constituencies; No Ban On Entire District: Bombay High Court
Reiterating that the sale of liquor can be prohibited during elections only in polling areas, the Bombay High Court reduced the prohibition imposed in the entire Raigad district due to Lok Sabha elections in its two constituencies.The ban will operate in Raigad constituency from May 5 to May 7 and in Maval constituency from May 11 to May 13.A division bench of Justice AS Chandurkar and Justice Jitendra Jain was dealing with a writ petition challenging an order issued by the Collector (State...
Unregistered Agreement To Sell Doesn't Grant Ownership Rights, No Suit For Declaration Can Be Filed Based On Such Agreements: J&K High Court
Reinforcing the legal principle that an unregistered agreement to sell cannot confer any right, title, or interest in immovable property the Jammu and Kashmir and Ladakh High Court emphasised that such agreements do not grant ownership rights.Clarifying that the appropriate recourse for the beneficiary-vendee in cases of agreement violations is to seek specific performance of the contract a bench of Justice Rajnesh Oswal observed,“On the basis of an agreement to sell, the remedy available to the...