Temporary Employees Also Protected Under Article 311 Of Constitution, Cannot Be Terminated Without Conducting Proper Enquiry: J&K&L High Court
2 years, 5 months ago

Temporary Employees Also Protected Under Article 311 Of Constitution, Cannot Be Terminated Without Conducting Proper Enquiry: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court today ruled that a temporary employee also stands protected under the provisions of Article 311 of the Constitution of India and cannot be terminated without conducting proper enquiry. Answering the first question the court observed that the impugned order of termination depicts that the services of petitioner have been terminated forthwith without assigning any reasons for termination of the petitioner, who being a temporary employee is also protected under the provisions of Article 311 of the Constitution of India and could not have been terminated without conducting proper enquiry. Discarding the argument for the respondents that that a temporary member of the force would be liable to be terminated/ discharged with one months notice both under rule 16 of CRPF Rules of 1955 as well as Rule 5 of the CCS Temporary Rules of 1965, and in view of Rule 4 & 5 of Central Civil Service Rule 1965, to terminate service of the temporary employee the order of termination passed by appointing authority should not mention the reason for such termination, the bench observed that special rules will always override the general law. Allowing the petition the court quashed the impugned order of the termination of the petitioner from services for being violative of Rule 16 of CRPF Rules r/w Articles 14, 16 & 311 of the Constitution of India.

Court Rules Rule Crpf Respondents Petitioner Enquiry Terminated Rule 16 Crpf Rules Termination Order Temporary Services Proper Enquiry  high  jkl  petitioner  protected  terminated  court  constitution  enquiry  proper  rule  temporary  services  rules  employees  termination  order  respondents

History of this topic

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
8 months, 1 week ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

Live Law  

The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court
1 year, 5 months ago

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

Live Law  

The Jammu and Kashmir High Court on Tuesday ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature. After hearing the rival contentions and upon examining the record the bench held that the petitioner was not a regular employee of the department, and was only engaged on …

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
2 years, 5 months ago

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of …

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
2 years, 7 months ago

Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court

Live Law  

The Madras High Court recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees. He then filed a writ petition where the High Court directed the Registrar to consider the petitioner's representation and …

Merely Because The Petitioner Has Been Acquitted Later On Does Not Dilute The Allegation Of Suppression Of A Pending Criminal Case: Jharkhand High Court
2 years, 8 months ago

Merely Because The Petitioner Has Been Acquitted Later On Does Not Dilute The Allegation Of Suppression Of A Pending Criminal Case: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the suppression of a pending criminal case is all the more serious, and merely because the petitioner has been acquitted later on does not dilute the allegation of suppression. The petitioner's services were terminated on account of impression of facts and furnishing incorrect information about the pendency of a criminal case at the …

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]
4 years, 2 months ago

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]

Live Law  

Delhi High Court has refused to quash the retrenchment order passed against 297 employees of the Press Trust of India by noting that the employees should rather seek statutory relief under the Industrial Disputes Act. It was further argued that the retrenched employees are 'workmen' within the meaning of Section 2 of Industrial Disputes Act, and PTI is a 'factory' …

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