After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
8 years ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit. Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension. The tribunal had allowed a plea of railway employees, who were initially appointed as casual labourers in the Northern Railways and after working for one or more years were granted temporary status and subsequently regularised.

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History of this topic

Failure To Follow Retrenchment Procedure, Employee Crossing Retirement Age, Bombay HC Directs Lumpsum Compensation
1 week, 4 days ago

Failure To Follow Retrenchment Procedure, Employee Crossing Retirement Age, Bombay HC Directs Lumpsum Compensation

Live Law  

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne partially allowed a writ petition challenging a Labour Court order. The court held that an employee who had already crossed retirement age could not be reinstated, but was entitled to lumpsum compensation for the period between illegal termination and retirement. Thus, the Court found that the Labour Court …

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government
1 month, 1 week ago

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government

The Hindu  

Observing that non-regularisation of the service of two daily wage employees, who have been working for the State for the past 32 and 39 years, respectively, will amount to “exploiting human labour”, the High Court of Karnataka has ordered their regularisation from the date when they completed 10 years of service as per the parameters laid down by the apex …

Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court
1 month, 1 week ago

Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court

Live Law  

The Supreme Court has held that 'work-charged employees' are distinct from 'job contractors' when it comes to pensionary entitlements under the Odisha Pension Rules 1992. Before the Supreme Court, the State of Odisha, citing Sub-Rule 6 of Rule 18 of the Odisha Pension Rules, 1992, argued that only a specific portion of an employee's service as a Job Contractor which …

'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers
1 month, 3 weeks ago

'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers

Live Law  

The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages to avoid providing them with permanent benefits. While acknowledging the precedent set in State of Karnataka v. Uma Devi, which established that daily wage workers cannot claim permanent employment without meeting constitutional requirements and the existence of sanctioned vacancies, the Court clarified that this ruling …

Supreme Court Annual Digest 2024: Service Law
1 month, 4 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

Piece-Rate Workers Not Entitled To Pension Benefits Granted To Regular Staff: J&K High Court
2 months, 3 weeks ago

Piece-Rate Workers Not Entitled To Pension Benefits Granted To Regular Staff: J&K High Court

Live Law  

Jammu and Kashmir High Court: A single judge bench of Justice Sanjay Dhar dismissed petitions seeking pensionary benefits filed by former piece-rate workers of J&K Handicrafts Corporation. The court distinguished between piece-rate workers and regular employees, and held that workers paid based on daily output cannot claim parity with regular government employees for pension benefits. Background Three petitions were filed …

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court
3 months, 1 week ago

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

Live Law  

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement
3 months, 2 weeks ago

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement

Live Law  

The Supreme Court today dismissed Union of India's challenge to the setting aside of an order of compulsory retirement against Chhattisgarh IPS Officer Gurjinder Pal Singh, who faced allegations of corruption, extortion and sedition.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order in Union's challenge to a Delhi High Court order, whereby the decision of the. The …

Union Govt Approaches Supreme Court Against HC Quashing Compulsory Retirement Of Chhattisgarh IPS Officer Gurjinder Pal Singh
4 months ago

Union Govt Approaches Supreme Court Against HC Quashing Compulsory Retirement Of Chhattisgarh IPS Officer Gurjinder Pal Singh

Live Law  

While hearing the case relating to compulsory retirement of Chhattisgarh IPS officer Gurjinder Pal Singh, who is facing accusations of corruption, extortion and sedition, the Supreme Court today asked the Union if the limited scope of judicial review prevents Courts from considering allegations of frame-ups. A bench of Justices Roy and Bhatti was dealing with the Union's challenge to a …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
5 months ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
10 months, 3 weeks ago

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits. Brief Facts: The period of service rendered by the Petitioner's husband before his regularization under the Government …

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC
2 years, 5 months ago

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC

Live Law  

The Kerala High Court recently observed that as per the provisions of the Railway Services Rules, 1993, a railway servant compulsorily retired from the service as a penalty has no vested right to stake a claim for the entire pension or gratuity, as the quantum of pension and gratuity to be granted is at the absolute discretion of the employer. …

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws
2 years, 6 months ago

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Live Law  

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were …

Temporary Employees Also Protected Under Article 311 Of Constitution, Cannot Be Terminated Without Conducting Proper Enquiry: J&K&L High Court
2 years, 8 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 …

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement
2 years, 11 months ago

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement

Live Law  

The Madras High Court on Thursday ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate. The Division bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq also observed that though the employee was appointed only under the Open Category and further promotions were based on …

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]
5 years, 2 months ago

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the spouses of deceased casual workers would be entitled to the same pensional and retiral benefits as those given to regular employees. While relying on the catena of judgments of this very court and other High Courts, the Division Bench of Justice Muralidhar and Justice Talwant Singh observed that benefits shall be allowed in …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

Relief For Netas:SC Dismisses Plea For Scrapping Life-Long Pension& Perks For Ex-MPs [Read Judgment]
6 years, 11 months ago

Relief For Netas:SC Dismisses Plea For Scrapping Life-Long Pension& Perks For Ex-MPs [Read Judgment]

Live Law  

The Supreme Court today dismissed a plea seeking scrapping of life-long pension and perks for Ex-MPs and other benefits for their families. A bench of justices J Chelameswar and Sanjay Kishan Kaul was delivering judgment in an appeal filed by NGO ‘Lok Prahari’ against the Allahabad High Court order dismissing its plea alleging that pension and other perks being given …

Relief For Netas:SC Dismisses Plea For Scrapping Life-Long Pension& Perks For Ex-MPs [Read Judgment]
6 years, 11 months ago

Relief For Netas:SC Dismisses Plea For Scrapping Life-Long Pension& Perks For Ex-MPs [Read Judgment]

Live Law  

The Supreme Court today dismissed a plea seeking scrapping of life-long pension and perks for Ex-MPs and other benefits for their families. A bench of justices J Chelameswar and Sanjay Kishan Kaul was delivering judgment in an appeal filed by NGO ‘Lok Prahari’ against the Allahabad High Court order dismissing its plea alleging that pension and other perks being given …

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]
7 years ago

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]

Live Law  

On getting retired, they have to struggle for the due pension, the bench observed.While allowing an appeal preferred by the Union of India against a high court order that had favoured a retired railway employee, the Supreme Court recommended the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a …

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling
7 years, 7 months ago

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling

Live Law  

The Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit, on August 1 concluded hearing the arguments and reserved its judgment in the case of United Bank of India v United Bank of India Retirees Welfare Association & Others. The appellant bank adopted this circular, although the RBI extended the benefit of 100 per cent dearness relief …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
8 years ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]
8 years, 2 months ago

SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]

Live Law  

If the officer whose conduct is questionable warranting his removal or compulsory retirement from the service, such an officer cannot simply be sent home with all the retiral benefits, the Bench said.The Supreme Court in High Court of Judicature at Patna vs. Ajay Kumar Srivastava, has upheld a Patna High Court judgment, which had set aside an order of compulsory …

Supreme Court Weekly Round-Up
8 years, 9 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

Supreme Court Weekly Round-Up
8 years, 9 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]
9 years, 3 months ago

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]

Live Law  

We are of the considered opinion that every employer must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit, the bench said.Supreme Court of India has. We are …

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