Pages

▼
Showing posts with label employee. Show all posts
Showing posts with label employee. Show all posts
Tuesday, 8 February 2022

Whether court should release director of company on anticipatory bail if employee commits suicide due to alleged work place stress?

›
   The F.I.R. itself shows that the deceased was taking  treatment for his stress management. He was disturbed and in the  disturbed state o...
Sunday, 19 December 2021

Whether government can refuse to grant disability pension to employee if he has waived his right to claim disability pension?

›
  As held by this Court, a Right to Equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no c...
Tuesday, 7 December 2021

Supreme Court: Pension payable to an employee on retirement shall be determined on the rules existing at the time of retirement

›
   While we accept the settled position of law that the rule applicable in matters of determination of pension is that which exists at the t...
Tuesday, 27 April 2021

Whether an employee should get alternative work and back wages if he acquires a physical disability during his service?

›
 Further, this arbitrary imposition under Clause 11 is in the teeth of the  provisos to Sub Section (4) of Section 20 of the 2016 Act which ...
Sunday, 4 April 2021

Whether nomination made by an employee can be treated as his will and curtail the right of legal heirs to claim a share in his service benefits?

›
  The purpose of taking a nomination by an employer is to relieve itself of  the obligation to pay the benefits, irrespective of the right o...

Is the employer liable to pay interest to the employee if he withholds his leave encashment without specific order?

›
   We, accordingly, allow the petition partially by directing the respondent to pay the petitioner his leave encashment dues along with inte...

Whether the court can declare that a private employee's service continues and is entitled to get all consequential benefits?

›
 9.  Through the present petition the petitioner seeks enforcement of a  contract of service. The law on the issue is no more res integra. S...
Saturday, 12 December 2020

Whether the employer will be liable for defamation of employee if he conducts departmental enquiry against him?

›
 In the present case, the defendant has taken the defence of privilege. The question is whether the charge-sheet issued against the plaintif...
Friday, 20 November 2020

Supreme court: Retired employee can file a petition regarding stoppage of his pension at the place where he is residing and getting pension

›
 As noted above, the learned single Judge has also observed that Petitioner ought to have filed the writ petition in Jharkhand High Court wh...
Tuesday, 17 November 2020

Whether an employer can terminate the services of the employee if he acquires a disability during his service?

›
  The proviso to section 47 of The Disabilities Act 1995 referred earlier says that if an employee, after acquiring disability is not suitab...
Monday, 16 November 2020

Whether an employee who retired on 31st of a month is entitled to the increment which would have fallen due on 1st of the next month?

›
The petitioner was not on duty on 1.4.2003. Increment can be drawn only when an employee is on duty. The increment in terms of FR 24 & 2...
Friday, 30 October 2020

Whether disciplinary authority can dismiss an employee after departmental enquiry even after his acquittal in a criminal case?

›
In the present case, the respondent was acquitted of the charge of murder. The circumstances in which the trial led to an acquittal have bee...
Tuesday, 12 November 2019

Whether causing simple hurt can be treated as crime involving moral turpitude for taking disciplinary action against employee??

›
There can be no manner of doubt about certain offences which can straightaway be termed as involving moral turpitude e.g. offences un...

Whether employer can remove employee from service even if he was released on probation of offenders Act?

›
  Yet another reason given by the High Court for interference with the order of discharge is that the criminal court released the Responde...
Sunday, 1 September 2019

Whether employee acting beyond one's authority is guilty of misconduct liable for disciplinary enquiry?

›
Loss of confidence is the primary factor and not the amount of money misappropriated. Acting beyond one's authority is by itself a bre...
Thursday, 23 May 2019

Whether Major punishment can be imposed on employee without oral enquiry?

›
A supplementary affidavit has been filed in which it has been alleged in para 4 that the petitioner was given charge-sheet and he was allo...

Whether dismissal order can be passed against employee without examination of witnesses?

›
Even if the employee refuses to participate in the enquiry, the employer cannot straightaway dismiss him, but he must hold an ex parte enq...
Sunday, 7 April 2019

Whether employer should advise employees about service rules?

›
The learned Tribunal as well as the High Court granted the relief to respondent No. 4 on the ground that the department ought to have inf...
Saturday, 23 March 2019

Whether departmental enquiry can started against government servant on ground that he has extra marital affairs?

›
Thus, this Court feels that a human dignity attaches to itself also a right of concept of autonomy and also a right to take ones own deci...

Whether higher officer can be held guilty for abetment of suicide if he taking extra work from employee after office hours?

›
 In the context of aforesaid legal positions, this court is of the view that  alleged act of mis-behaviour and taking extra work after t...