Showing : 1-10 of 86 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service-- Termination - Where very appointment of respondent on regular basis was illegal, he cannot be treated as an employee of appellant/authority - Question of holding disciplinary Proceedings as envisaged u/art 311 of Constitution or under any other disciplinary rules does not arise...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 25H-- Re-employment - Respondent's termination was held illegal and he already accepted the compensation awarded to him in lieu of his right of re-instatement in service - S.25-H of the Act thus, have no application to case, as it is not a case of retrenchment of respondent from service as contemplated..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Termination - Casual worker hardly worked for one year - No evidence whether he worked for gains or not after his services came to an end - Fit case to award lump sum compensation instead of directing reinstatement - Appellant to pay a sum of Rs.50,000/- in lump sum to the employee by way of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Payment of Gratuity Act, 1972, Section 4(5), (6)-- Forfeiture of gratuity - Dismissal from service - Misconduct - Forfeiture of gratuity is not automatic on dismissal from service - It is permissible u/s 6(b)(ii) of the Act, only if termination of an employee is for any misconduct which constitutes an offence involving moral turpitude and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 2(oo), 11A-- Retrenchment - Services of employee terminated by employer by way of punishment after holding departmental enquiry - Termination in question therefore, could never be regarded as retrenchment, as treated by Labour Court - Award of Labour Court and order of High Court affirming award of Labour..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Payment of Gratuity Act, 1972, Section 7, 14, Punjab Civil Services (Haryana) Rules, Rule 6.16A, Indian Penal Code, 1860, Section 279, 304A-- Gratuity - Petitioner services was terminated on account conviction for offence u/s.304A, IPC - Petitioner application for extending gratuity was rejected on ground that petitioner is dismissed employee, and therefore, he is not entitled to gratuity - Petitioner termination with reference to his..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 20-- Specific performance of continuation of services - Illegal termination - Private contractual appointment - There cannot be specific performance with respect to personal services under private contractual appointment as per relevant provisions of Specific Relief Act and employee whose services are..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Service-- Termination - On account of involvement in a criminal case - Acquittal on ground of benefit of doubt - Employee is entitled to all service benefits including continuity of service, except any back wages...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Labour Law-- Unjustified termination - Denial of gratuity - In order to deny gratuity to an employee it is not enough that alleged misconduct of employee constitutes an offence involving moral turpitude as per report of domestic inquiry - There must be termination on account of alleged misconduct, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 14, 34-- Contract of personal service - Cannot be specifically enforced - Termination of service of an employee by a private company, at best, gives right to aggrieved employee to sue for compensation in money - Suit for declaration that termination is illegal is not maintainable...........

Showing : 1-10 of 86 Results