Labor Law: Case Study

Supreme Court: Part-Time Staff Not Entitled To Seek Regularisation

The Supreme Court has held that part-time employees are not entitled to seek regularisation as they are not working against any sanctioned post in the Government. A Bench of Justices M.R. Shah and A.S. Bopanna clarified in a recent judgment that there cannot be any permanent continuance of part-time temporary employees. “The status of permanency …

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Supreme Court: Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court The Supreme Court reiterated that the services rendered by ad hoc employees prior to their regularization cannot be counted for the purpose of seniority. In this case, while allowing a writ petition filed by some regularized employees, the …

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Supreme Court: Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee

The Supreme Court  observed that a dependent/applicant cannot seek compassionate appointment on the higher post than what was held by the deceased employee. The Court observed that the appointment on compassionate ground is a concession and not a right. It is an exception to the general rule of appointment in the public services and is …

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Supreme Court On Vicarious Liability: Top Management of Company Can’t Be Prosecuted In Absence Of Specific Allegation Against Them

Observing that vicarious liability cannot be imputed automatically on the Top Management for an offence committed by the company in the absence of any statutory provisions, the Supreme Court has said that chairman/managing director/director of a company cannot be prosecuted if there is no specific allegation against them. A bench of Justice M R Shah and Justice A S Bopanna …

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Supreme Court: Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service

Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service: Supreme Court Retrospective seniority cannot be claimed from a date when an employee is not even borne in service, the Supreme Court observed in a judgment today. The bench of Justices R. Subhash Reddy  and Hrishikesh Roy observed …

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Supreme Court: Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee

Resignation Once Accepted Can’t Be Withdrawn Citing Mere Delay In Relieving Employee : Supreme Court The Supreme Court has observed that mere delay in relieving an employee from his duties does not impact the acceptance of his resignation. The Court rejected the argument of the employee that he was entitled to withdraw the resignation citing …

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Supreme Court: Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal

The Supreme Court reiterated that reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law. In this case, an employee appointed as Clerk-cum-Cashier was dismissed from service by the Allahabad Bank alleging his involvement in the incident relating …

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Supreme Court: No Compassionate Job To Daughter Who Got Divorced After Death Of Employee

The Supreme Court on Monday ruled that a deceased government employee’s daughter who got divorced after the death of the staff would not be entitled to a compassionate appointment. A bench of Justices M R Shah and Aniruddha Bose allowed an appeal filed by the Director of Treasuries in Karnataka against the High Court’s direction to the …

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Supreme Court: Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement

The Supreme Court observed that employee is not estopped from questioning terms and condition of employment at a stage where he finds himself aggrieved. “It is open for the employee to challenge the conditions if it is not being in conformity with the statutory requirement under the law and he is not estopped from questioning …

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