Service -- Termination - One of the conditions of employment was that on satisfactory completion of training and passing the written test conducted thereafter he will be eligible to be appointed as officer grade III and in case he fails in written test/appraisal test after training, he will be liable for termination - Service terminated on failing to pass the requisite..........
Service -- Termination - Oral termination on ground of abolition of post - Upheld by Labour Court - High Court finding abolition of post not established - Employee had worked for more than 240 days in a year and awarded not only retrenchment compensation but also damages or in the alternative employment in some other vacancy - Order of High Court, upheld...........
Service -- District Judge - Transferred and posted as Presiding Officer of Industrial Tribunal/Labour Court - Continues to be in Judicial Service under the control of High Court - Not entitled to continue in office beyond 60 years prescribed for judicial service - Section 7C of Industrial Disputes Act does not help him to continue in service upto 67 years of age...........
Service -- Misappropriation - Past record - In case of proved misappropriation, there is no question of considering past record - It is discretion of the employer to consider the same in appropriate cases but the Labour Court cannot substitute the penalty imposed by the employer in such cases...........
Civil Procedure Code, 1908, Section 9 -- Service - Employee dismissed from service - Suit for declaration filed in civil Court challenging dismissal from service and that he be treated in service with full back wages - Plaintiff could approach the Civil Court as well as Labour Court under the Industrial Disputes Act - If he approached the Civil Court there is nothing wrong..........
Service -- Disciplinary enquiry - Disciplinary action after enquiry - Delinquent Medical Sales representative - Personal Manager was appointing authority - Order of termination issued by General Manager (Marketing) - General Manager (Marketing) superior in rank to Personnel Manager - Labour Court holding that termination order is bad as it was not issued by appointing..........
Service -- Illegal retrenchment/termination - Reference to Labour Court - Cannot be generally questioned on the ground of delay alone - Even in a case where the delay is shown to be existing, the Tribunal, Labour Court or Board, dealing with the case can appropriately mould the relief by declining to grant back wages to the workman till the date he raised the demand..........
Service -- Disciplinary enquiry - Dismissal from service - Labour Court giving a finding that misconduct was not proved and ordered reinstatement with full back wages - High Court observing that with better proof the charges could have been established - High Court upholding reinstatement but back wages disallowed - Not justified - Back wages cannot be denied for the..........
Presidency Towns Insolvency Act, 1909, Section 52(2)(a), 60(2) -- Earning of insolvent - Earnings of the insolvent from his labour to the extent necessary for the support of the insolvent and his family, do not vest in the assignee - The balance of the personal earnings after deducting what is necessary for the support of the insolvent and his family, does not..........
Prisoners -- Are entitled to wages for his work - Guidelines - (1) It is lawful to employ the prisoners sentenced to rigorous imprisonment to do hard labour whether he consents to do it or not; (2) It is open to the jail officials to permit other prisoners also to do any work which they choose to do provided such prisoners make a request for that purpose; (3) It is..........
