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Judicial service

ANANTDEEP SINGH versus THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH & ANR.

Once this Court set aside the termination order dated 17.12.2009 and the High Court judgment dated 25.10.2018, the appellant was to be treated as in service; he is entitled to full salary with benefits from 20.04.2022 until any fresh termination (the State's order dated 02.04.2024), and is entitled to 50% of back wages with benefits for the period 18.12.2009 to 19.04.2022; the appellant remains free to challenge subsequent Full Court and State orders before the High Court.

Source excerpt

  • Judicial service
  • Matrimonial discord
  • Illicit relationship
  • Termination of services
  • Reinstatement
  • Consequential benefits
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Labour law

RAM GOPAL DWIVEDI versus M/S KANPUR ELECTRICITY SUPPLY CO. LTD. THROUGH ITS GENERAL MANAGER

Apprentices, upon completion of their training and in accordance with contractual terms, cannot be declared workers under the relevant industrial laws and are not entitled to reinstatement or back wages after termination; High Court correctly relied on the Supreme Court precedent and set aside the Labour Court's awards.

Source excerpt

  • Termination of services
  • Industrial dispute
  • Apprenticeship
  • Reinstatement
  • Back wages
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Service law

MANMOHAN SHARMA versus STATE OF RAJASTHAN AND ORS.

The appellants who had not moved the Court prior to the judgment in Kailash Chand Sharma's case are not entitled to benefit from that judgment; only original writ petitioners who moved the High Court at relevant stages are. Appointments made subsequently cannot be regularized, especially in cases of fraud. However, to provide equitable relief, such terminated teachers may be given a one-time concession of relaxation of upper age limit in the next selection process, subject to the outcome of criminal investigations regarding fraud.

Source excerpt

  • Appointment
  • Selection
  • Award of bonus marks
  • Domicile
  • Prospective overruling
  • Termination of services
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Labour law

ASSISTANT ENGINEER, RAJASTHAN STATE AGRICULTURE MARKETING BOARD, SUB-DIVISION, KOTA versus MOHAN LAL

Reinstatement is not an automatic remedy for termination in violation of Section 25-F of the Industrial Disputes Act, 1947; Labour Courts must exercise discretion after considering all relevant factors, particularly delay. In this case, delay of six years by the workman in raising the dispute rendered reinstatement inappropriate; compensation of Rs.1,00,000/- is ordered in lieu.

Source excerpt

  • Termination of services
  • Industrial disputes act, 1947
  • Section 25-f
  • Delay in raising industrial dispute
  • Compensation in lieu of reinstatement
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Labour and employment law

DEVINDER SINGH versus MUNICIPAL COUNCIL, SANAUR

Termination of services of a 'workman' without complying with Section 25-F is illegal and void, irrespective of the method or irregularity of appointment, and cannot be justified by delay in proceedings; reinstatement is appropriate remedy.

Source excerpt

  • Termination of services
  • Reinstatement
  • Industrial disputes act
  • Retrenchment
  • Workman definition
  • Delay in adjudication
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Service law

SUSHIL KUMAR SINGHAL versus THE REGIONAL MANAGER, PUNJAB NATIONAL BANK

Benefit of probation under Probation of Offenders Act, 1958 does not override the fact of conviction. Section 12 of the Act only removes statutory disqualifications for purposes of other statutes, not for service conditions; therefore, the appellant's conviction for an offence involving moral turpitude and subsequent dismissal by the Bank is justified and reinstatement cannot be sought merely on probation benefit.

Source excerpt

  • Termination of services
  • Conviction involving moral turpitude
  • Probation of offenders act
  • Reinstatement after conviction
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Labour law

KRISHNA BHAGYA JALA NIGAM LTD. versus MOHAMMED RAFI

The burden of proving completion of 240 days of service rests with the workman. Without cogent evidence, reinstatement cannot be granted; the High Court erred in placing the burden on the employer and in setting aside the award without proof by the workman.

Source excerpt

  • Termination of services
  • Regularization
  • Burden of proof
  • Industrial dispute
  • Reinstatement
  • Proof of working days
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Labour law

RAJASTHAN LALIT KALA ACADEMY versus RADHEY SHYAM

Appellant failed to prove payment of compensation or notice as required under Section 25-F, rendering the order of termination illegal. However, reinstatement and backwages are not automatically warranted; considering lapse of time, service nature, and prolonged litigation, compensation is more appropriate than reinstatement or backwages.

Source excerpt

  • Industrial disputes act
  • Termination of services
  • Retrenchment
  • Reinstatement
  • Backwages
  • Compensation
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Labour laws

MIS. BLHAR CAUSTIC & CHEMICALS LTD. versus KRIPA PANDEY

Since neither the Labour Court nor the High Court considered the specific stand of the appellant regarding employment status, and the respondent was reinstated and later superannuated, ends of justice are best served by directing payment of only 50% of back wages to him, with adjustment of any prior payments.

Source excerpt

  • Termination of services
  • Contract labour
  • Reinstatement
  • Back wages
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Service law

NAGENDRA CHANDRA ETC. ETC. versus STATE OF JHARKHAND & ORS.

Appointments made in infraction of Rule 663(d) of the Bihar Police Manual by not advertising vacancies in newspapers and employment exchange are illegal and violative of Articles 14 and 16, justifying termination of the appointees.

Source excerpt

  • Termination of services
  • Recruitment process
  • Articles 14 and 16
  • Irregular and illegal appointments
  • Advertising vacancies
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.