Reinstatement

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022)

/ B. V. Nagarathna, Criminal Law, Criminal Law with Section 279, Disciplinary Proceedings, Dismissal from Service, Industrial Disputes, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 1(g), Schedule IV, Reinstatement, Service Law, Unfair Labour Practices

Supreme Court overturns reinstatement order in MSRTC driver dismissal case Date of the Judgment: 03 January 2022 Citation: (2022) INSC 5 Judges: M. R. Shah, J. and B. V. Nagarathna, J. Can an Industrial Court interfere with a disciplinary authority’s decision to dismiss an employee, especially when the employee’s misconduct led to a fatal accident? […]

Supreme Court overturns reinstatement order in MSRTC driver dismissal case: Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay (2022) INSC 5 (03 January 2022) Read Post »

Supreme Court Reinstates Professor Illegally Terminated: Dr. Sushil Kumar Tripathi vs. Jagadguru Rambhadracharya Handicapped University (2021)

/ B.V. Nagarathna, Dhananjaya Y Chandrachud, Judges, Reinstatement, Service Law, Termination of Service, University Grants Commission Act, 1956, University Grants Commission Act, 1956 with Section 12(b), Vikram Nath

Supreme Court Reinstates Professor Illegally Terminated: Dr. Sushil Kumar Tripathi vs. Jagadguru Rambhadracharya Handicapped University (2021) Date of the Judgment: 29th October, 2021 Citation: 2021 INSC 750 Judges: Dr. Dhananjaya Y Chandrachud J., Vikram Nath J., B.V. Nagarathna J. Can a university terminate a professor’s services merely because the funding plan under which they were

Supreme Court Reinstates Professor Illegally Terminated: Dr. Sushil Kumar Tripathi vs. Jagadguru Rambhadracharya Handicapped University (2021) Read Post »

Supreme Court Modifies Reinstatement Order in Bank Employee Dismissal Case: Allahabad Bank vs. Krishan Pal Singh (20 September 2021)

/ Compensation, Dismissal, Industrial Disputes, Industrial Tribunal, Judges, Labour Court, R. Subhash Reddy, Reinstatement, Sanjiv Khanna, Service Law

Supreme Court Modifies Reinstatement Order in Bank Employee Dismissal Case: Allahabad Bank vs. Krishan Pal Singh (2021) LEGAL ISSUE: Whether a bank employee, dismissed due to suspicion of misconduct, should be reinstated with full back wages when the misconduct is not proven, but the bank claims loss of confidence. CASE TYPE: Service Law Case Name:

Supreme Court Modifies Reinstatement Order in Bank Employee Dismissal Case: Allahabad Bank vs. Krishan Pal Singh (20 September 2021) Read Post »

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021)

/ Daily Wage Workers, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25F, Judges, K.M. Joseph, Labour Law, Pamidighantam Sri Narasimha, Reinstatement, Retrenchment

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Date of the Judgment: September 2, 2021 Citation: (2021) INSC 580 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a daily wage worker, whose services were terminated in violation of Section 25F of the Industrial Disputes Act,

Supreme Court Modifies Compensation for Daily Wage Worker Termination: Ranbir Singh vs. Executive Engineer PWD (2021) Read Post »

Supreme Court Upholds Dismissal of Police Constable in Murder Case Despite Acquittal: State of Rajasthan vs. Heem Singh (29 October 2020)

/ Dhananjaya Y Chandrachud, Disciplinary Proceedings, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Judicial Review, Offences Against Human Body, Reinstatement, Service Law

Supreme Court Upholds Dismissal of Police Constable in Murder Case Despite Acquittal: State of Rajasthan vs. Heem Singh (2020) LEGAL ISSUE: Can a government employee be dismissed from service based on a departmental inquiry for misconduct, even after being acquitted in a criminal trial for the same offense? CASE TYPE: Service Law/Disciplinary Proceedings Case Name:

Supreme Court Upholds Dismissal of Police Constable in Murder Case Despite Acquittal: State of Rajasthan vs. Heem Singh (29 October 2020) Read Post »

Supreme Court quashes dismissal of judicial officer: Sadhna Chaudhary vs. State of UP (2020)

/ B.R. Gavai, Judges, Judicial Misconduct, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11(3), Reinstatement, S.A. Bobde, Service Law, Surya Kant, Uttar Pradesh Government Servants Conduct Rules, 1956, Uttar Pradesh Government Servants Conduct Rules, 1956 with Rule 3

Supreme Court quashes dismissal of judicial officer: Sadhna Chaudhary vs. State of UP (2020) LEGAL ISSUE: Whether a judicial officer can be dismissed based on the outcome of their judicial decisions, rather than the decision-making process itself. CASE TYPE: Service Law/Judicial Misconduct Case Name: Sadhna Chaudhary vs. State of U.P. & Anr. Judgment Date: 06

Supreme Court quashes dismissal of judicial officer: Sadhna Chaudhary vs. State of UP (2020) Read Post »

Supreme Court Upholds Reinstatement with Continuity and Back Wages in Industrial Dispute

/ Back Wages, Dhananjaya Y Chandrachud, Hrishikesh Roy, Industrial Disputes Act, 1947, Judges, Reinstatement

Supreme Court Upholds Reinstatement with Continuity and Back Wages in Industrial Dispute LEGAL ISSUE: Whether an employee is entitled to continuity of service and back wages upon reinstatement after a wrongful dismissal. CASE TYPE: Industrial Dispute Case Name: Nandkishore Shravan Ahirrao vs. Kosan Industries (P) Ltd. Judgment Date: 10 January 2020 Date of the Judgment:

Supreme Court Upholds Reinstatement with Continuity and Back Wages in Industrial Dispute Read Post »

Supreme Court Upholds Appointment of Junior Accounts Clerk: Rana Pratap Singh vs. Vittiye Evam Lekha Adhikari (2019)

/ Appointment, Ashok Bhushan, Interim Orders, Judges, Navin Sinha, Reinstatement, Service Law, Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985, Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 with Rule 22

Supreme Court Upholds Appointment of Junior Accounts Clerk: Rana Pratap Singh vs. Vittiye Evam Lekha Adhikari (2019) LEGAL ISSUE: Whether an appointment made by a duly constituted selection committee after calling names from the Employment Exchange can be deemed invalid due to procedural irregularities, and what is the effect of dismissal of a writ petition

Supreme Court Upholds Appointment of Junior Accounts Clerk: Rana Pratap Singh vs. Vittiye Evam Lekha Adhikari (2019) Read Post »

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019)

/ A.S. Bopanna, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 33-C(2), Judges, Labour Law, R. Banumathi, Reinstatement, Wage Disputes

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019) LEGAL ISSUE: Scope of Labour Court’s power under Section 33-C(2) of the Industrial Disputes Act, 1947 in wage disputes. CASE TYPE: Industrial Dispute (Labour Law). Case Name: Rai Bahadur Narain Singh Sugar Mills Ltd. vs.

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019) Read Post »

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case: Secretary Managing Committee BSMPG College Roorkee vs. Dr. Samrat Sharma & Others (2019) INSC 766 (08 August 2019)

/ Disciplinary Proceedings, Hemant Gupta, Judges, L. Nageswara Rao, Procedural Fairness, Reinstatement, Service Law, Uttar Pradesh State Universities Act, 1973, Uttar Pradesh State Universities Act, 1973 with Section 50

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case Date of the Judgment: 08 August 2019 Citation: (2019) INSC 766 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a college terminate a professor’s employment without following proper procedures? The Supreme Court of India recently addressed this question in a case

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case: Secretary Managing Committee BSMPG College Roorkee vs. Dr. Samrat Sharma & Others (2019) INSC 766 (08 August 2019) Read Post »

Supreme Court Upholds Compensation but Denies Reinstatement in Labour Dispute: Dharamraj Nivrutti Kasture vs. Chief Executive Officer (2019)

/ A.S. Bopanna, Compensation, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25-F, Judges, Labour Law, R. Banumathi, Reinstatement

Supreme Court Upholds Compensation but Denies Reinstatement in Labour Dispute: Dharamraj Nivrutti Kasture vs. Chief Executive Officer (2019) LEGAL ISSUE: Whether an employee, whose initial appointment was irregular, is entitled to reinstatement after a prolonged period of service and subsequent termination. CASE TYPE: Labour Law, Industrial Dispute Case Name: Dharamraj Nivrutti Kasture vs. Chief Executive

Supreme Court Upholds Compensation but Denies Reinstatement in Labour Dispute: Dharamraj Nivrutti Kasture vs. Chief Executive Officer (2019) Read Post »

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019)

/ Back Wages, Judges, Reinstatement, Service Law, Termination of Employment, Terms and Conditions of Appointment and Service Regulation, 1975, Terms and Conditions of Appointment and Service Regulation, 1975 with Regulation 24, Uday Umesh Lalit, Vineet Saran

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019) LEGAL ISSUE: Whether an employee terminated for excessive absenteeism, despite prior sanction of leave, is entitled to full back wages upon reinstatement. CASE TYPE: Labour Law/Service Law Case Name: Anjana Mittal vs. Oil and Natural Gas Corporation Limited [Judgment Date]: July

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019) Read Post »

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