Payment Of Gratuity Act; Controlling Authority Cannot Deny Interest On Delayed Gratuity: Calcutta HC

Calcutta High Court: A single judge bench of the Calcutta High Court consisting of Justice Shampa Dutt (Paul) directed the Food Corporation of India ('FCI') to pay the statutory interest on delayed gratuity to an employee. The court held that under Section 7(3A) of the Payment of Gratuity Act, 1972, the controlling authority has no discretion to deny interest on the delayed payment...

Cross-Examination By Enquiry Officer For Clarifications From Witness Does Not Vitiate Enquiry Proceedings : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, held that an Enquiry Officer can do Cross-Examination and seek clarifications from witnesses during enquiry proceedings and it would not render the enquiry proceedings void. Background Facts The petitioner was working as Constable in the Chhattisgarh...

Every Individual Has Fundamental Right To Career Progression, Resignation Or Request For NOC Can't Be Denied Arbitrarily : Himachal Pradesh HC

The Himachal Pradesh High Court bench comprising of Justice Jyotsna Rewal Dua held that an unwilling employee cannot be compelled to continue in service merely on the ground of staff shortage; every individual has a fundamental right to career progression, and resignation or request for NOC cannot be denied arbitrarily, especially when applicant is willing to serve the State as a...

Rectification In Date Of Birth Of Employee Cannot Be Allowed When Age Is Determined Through Statutory Process: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that when the statutory process has been properly followed, any perceived procedural error or misapplication of law does not amount to a bona fide or clerical mistake. In the present case, as the petitioner's age was determined in accordance with the regulations applicable at the time of his appointment, the rejection of his...

[Service Law] Ex-Parte Inquiry Does Not Justify Returning Findings Without Evidence: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that conducting an ex parte inquiry does not grant the Inquiry Officer the freedom to return findings against an employee without any evidence.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Ex Parte Inquiry does not mean that Inquiry Officer is free to return findings in favour of Department but against the employee without any evidence...

Adverse Remarks On Employee's Integrity Must Be Based On Conclusive Evidence In Disciplinary Proceedings : Calcutta High Court

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that adverse remarks on an employee's integrity must be based on conclusive findings in disciplinary proceedings, and a person who has earned reputation cannot be ousted through imposition of a stigma on the basis of perverse findings. Background Facts...

Employee Transferred From Central Govt Scheme To State University Sanctioned Post, Not Objected By State Govt, Can't Be Denied Retiral Benefits : Calcutta HC

A Division Bench of the Calcutta High Court comprising of Justice Soumen Sen and Justice Smita Das De held that an employee transferred from central government scheme to state university sanctioned post without any objections from the state Government at the time of transfer, can't be denied retiral benefits. Background Facts The respondent was appointed as a Field Assistant Grade-II...

Gauhati HC Reinstates Officers Accused In APSC Cash-For-Jobs Scam, Says Discharge Can't Be Sustained Without Orders From Appropriate Govt

The Gauhati High Court recently directed the Assam Government to reinstate 52 officers who were appointed in service pursuant to their selection through Combined Competitive Examination (Mains), 2013 and 2014 conducted by Assam Public Service Commission (APSC) and were discharged from service allegedly for their involvement in cash for job scam, on the ground that State had not passed any...

Penalty Can't Be Imposed Based On Vague And Inconclusive Inquiry Findings: Himachal Pradesh High Court

Himachal Pradesh High Court quashed a penalty imposed on a government doctor, holding that a vague and inconclusive inquiry report can't be used to impose penalty or take disciplinary action. Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Therefore, when an inquiry report is accepted which does not conclude that charge against petitioner had been proved, it could not have...

State Should Not Use Temporary Appointments To Escape Regularization And Avoid Responsibilities: Himachal Pradesh High Court

Himachal Pradesh High Court held that the State and its functionaries can't use unfair practices to deny regularization to temporary employees who have completed required service years, stating that keeping employees in temporary posts to avoid granting them the benefits of regularization is exploitative and legally unjustified.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “State...

Lessee Falls Within Definition Of Occupier And Is Bound To Deposit EPF Contributions: Himachal Pradesh High Court

Himachal Pradesh High Court held that a lessee who had control over the operations of a factory fell within the definition of "occupier" under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and was therefore legally bound to deduct and deposit Employees Provident Fund contributions into the statutory fund. Justice Rakesh Kainthla: “Therefore, the petitioner...

Medical Reimbursement Can't Be Denied On Flimsy Grounds When Claim Is Admissible Under State Policy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a medical reimbursement claim cannot be denied on flimsy or irrelevant grounds when it was admissible under the beneficial policy of the State Government. A Division bench of Justice Vivek Singh Thakur & Justice Ranjan Sharma held as follows; “Once a medical claim is admissible in terms of beneficial policy of the State, the same...