Before Adverse Action — The Legal Shield Around Preliminary Investigations
by Sara Sundaram* and Nikunj Agarwal**
Employment Law
Cases Reported in HCC | Latest High Court Cases on Service and Labour Laws
Explore the latest Cases reported in SCC’s High Court Cases (HCC) shaping Service and Labour Laws which covers pension recovery, withholding of pension, abandonment of service, pay fixation, employees’ compensation, voluntary retirement, recruitment of persons with disabilities.
Top Legal Developments [22-28 June]: Concerns on Lack of proper Ladies’ Bar Rooms, Rejection of Nomination Papers, POSH, Drugs Controller’s Licensing Condition, MACT compensation Other Key Verdicts & Policy Updates
A quick roundup to cover all the important legal developments and cases this week.
Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court
Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.
Procedural irregularity in final appointment process cannot invalidate fair recruitment: SC directs Haryana Cooperative Society to reconsider employees’ appointments
The present appeal presents an important question concerning the delicate balance between strict adherence to statutory recruitment norms and the constitutional obligation of courts to ensure fairness where employees, appointed through a duly initiated public selection process and having rendered long years of unblemished service, face the prospect of displacement on account of procedural defects allegedly attributable not to them but to the authorities conducting the recruitment.
Labour Ministry Redefines ‘Worker’ Category with ₹18,000 Wage ceiling for Supervisors
Labour Ministry has notified ₹18,000 wage ceiling that excludes supervisory employees earning above this limit from the definition of ‘worker’.
Right to work | Expiry of selection panel can’t defeat substantive rights of a person with benchmark disability: Supreme Court
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”
Call for Submissions | RGNUL’s CASLW launching “Shram” — Weekly Labour Law Newsletter
RGNUL Punjab’s CASLW has launched “Shram,” a weekly newsletter on contemporary labour and employment law issues, inviting submissions that explore evolving workplace rights and legal developments.
No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
Eligibility criteria for Government jobs cannot be changed midway unless allowed by existing Rules: Supreme Court
“Recruiting bodies subject to the extant rules may devise an appropriate procedure for bringing the recruitment process to its logical end, provided the procedure is transparent non-discriminatory, non-arbitrary, and has a rational nexus with the object sought to be achieved”
Who is a “Workman”? Supreme Court clarifies the definition in Industrial Disputes context
Supreme Court noted that as per the employee in the case at hand, comes within the meaning of “workman” as given in Section 2(s) of the I.D. Act and the management without following the legal procedure, relieved him from service abruptly and hence, the same is illegal termination.
Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
A huge sum spent in the judgeship of 24-Parganas (North); Calcutta High Court stays contractual recruitment notifications
The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.
Khaitan & Co Enhances Employment Practice with Strategic Hires in Bengaluru and Delhi
Khaitan & Co, a leading full-service law firm has announced boosting its employment practice with the addition of two key Partners. Avik
Saurabh Bindal Appointed as Adjunct Professor of Law at Manipal University, Jaipur
EBC Author and Partner at Fox Mandal & Associates, Saurabh Bindal has been appointed as an Adjunct Professor of Law at Manipal
Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether