Service -- Retirement benefits - Compulsory retirement of an employee from services does not mean that employee is not entitled to retirement benefits, which can only be denied in a case of dismissal from service...........
Service -- Stagnation increment - Petitioner gave up his promotion after having worked for about 2 years - He was thus, not eligible for stagnation increment as per 6th Bipartite agreement which stipulated that employee would not be eligible for stagnation increment if he after accepting promotion seeks and is granted reversion after one year from date of promotion...........
Service -- Disability during service - Retirement on medical grounds must be a measure of last resort, only after employer exhausts all reasonable avenues for redeployment - This principle is inherent in the concept of "reasonable accommodation", which is now recognised as an aspect of substantive equality u/arts 14 and 21 of Constitution - Failure to explore alternate..........
Service -- Disability during service - Alternate post - Burden lies on Corporation not employee to establish that no suitable alternate post was available or could reasonably be created - Mere invocation of a medical certificate, or silence of a circular, cannot constitute compliance - Inaction is not neutrality, in such cases, it is a form of institutional exclusion...........
Industrial Disputes Act, 1947, Section 12(3) -- Settlements - Settlements entered u/s 12(3) of the Act are not administrative conveniences - They are quasi-statutory instruments reflecting negotiated justice, and they bind both employer and employee with force of law - Where such settlements create specific entitlements, Courts must give them purposive effect, unless..........
Employees State Insurance Act, 1948, Section 1(5), Employee's Compensation Act, 1923, Section 3 -- Difference between ESI Act and EC Act - ESI Act applies to all factories, including factories belonging to Government and also to establishments or class of establishments, industrial, commercial, agricultural or otherwise notified in the official gazette u/s 1(5) of the Act..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Expression "accident arising out of and in the course of his employment" occurring in S.3 of the Act include accident occurring to an employee while commuting from his residence to place of employment for duty or from place of employment to his residence after performing duty, provided the nexus..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was employed with respondent No.2/Sugar factory as watchman - He was proceeding to his workplace when accident occurred at place which was 5 kms (approx.) from workplace while employee was proceeding towards workplace - There was a clear nexus between circumstances, time and place in which..........
Compulsory retirement -- Reduction of pension - When full pension admissible to a compulsorily retired employee u/regul 33 of Pension Regulations is reduced, a prior consultation with Board is necessary - Post facto approval cannot be a substitute of prior consultation with Board before decision is made - Even no opportunity of hearing was given by authorities prior to..........
Service -- Payment of gratuity - Death of employee - Mere estrangement would not disentitle husband from the benefits due to family of a deceased employee...........
