Decoding the Industrial Relations Code, 2020
by Aditya Gaggar*
employee
MP HC | Court declined to interfere in the posting of an employee; remarked that High Court is not an appellate authority for such grievances
Madhya Pradesh High Court: G.S. Ahluwalia, J., dismissed the petition finding no ground for interference in the impugned order. The petitioner has
Telangana HC | Can HC decide whether an FIR is false or frivolous? HC discusses in a case where an employee is suspended in light of ongoing criminal case & departmental enquiry
Telangana High Court: A Division Bench of Raghvendra Singh Chauhan, CJ and T. Vinod Kumar, J., while addressing a writ appeal observed that
CESTAT | Employee not liable for the actions of the senior while following instructions; Tribunal allows appeal and sets aside penalty under S. 112 (a) of Customs Act
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Bench of Anil Choudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed
CAT | Post-retirement pensionary benefits cannot be withheld by organisation on account of failure on its part in timely verification of employee’s service records
Central Administrative Tribunal, Ernakulam: The Coram of Bidisha Banerjee (Judicial Member) and Nandita Chatterjee (Administrative Member) allowed the application granting desired relief
P&H HC orders reinstatement of employee dismissed for misconduct under Art. 311(2) without recording sufficient reasons
Punjab and Haryana High Court: While deliberating over a matter of wrongful termination of a public servant’s services, Anil Kshetarpal, J., allowed
CAT | An employee has no vested right to hold on to a particular post when he is transferred to another post, CAT deliberates
Central Administrative Tribunal, Ernakulam: The Coram of P. Madhavan (Judicial Member) and K.V. Eapen (Administrative Member) disposed the application denying relief to
Demise of any Coal India Employee due to Covid 19 will be treated as Accidental Death: Union Minister of Coal & Mines
Death of Coal India employees due to Corona Pandemic will be treated as accidental death and the kins of employee will get
MP HC | Employee should not be transferred during the mid-academic session, unless administrative exigency requires
Madhya Pradesh High Court: Vandana Kasrekar, J., stayed the operation of the impugned order and directed the respondents to decide the representation
Jhar HC | Non-furnishing of enquiry report not detrimental to departmental proceeding, if no prejudice caused to employee
Jharkhand High Court: Sanjay Kumar Dwivedi, J. heard a writ petition that sought to quash the order passed by the respondent whereby
Courts can’t do interpretive rewriting of the advertisement thereby changing the conditions of eligibility
Supreme Court: Stating that the essential qualifications for appointment to a post are for the employer to decide, the bench of Arun
SC ‘fixes’ it’s January 7 verdict; Teachers can now claim gratuity under Payment of Gratuity Act
Supreme Court: The Bench of Abhay Manohar Sapre and Indu Malhotra, JJ has held that pendency of any writ petition by itself
Subsequent decision by authority cannot be used to deprive an employee from his rightful promotion benefits: Patna HC
Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. seized of a civil writ petition pertaining to effective
Grant of inter-state transfer to employee covered by disciplinary proceedings only at volition of employer
Hyderabad High Court: A Division Bench comprising of Thottathil B. Radhakrishnan, CJ. and Ramesh Ranganathan, J., declared that to be transferred, even
No departmental proceedings can be initiated against former employee unless provided for by relevant rules
Calcutta High Court: A Single Judge Bench comprising of Sambuddha Chakrabarti, J. allowed a writ petition which sought directions to the respondents
Employee not entitled to insist on inter-State transfer while disciplinary proceedings are pending against him
Hyderabad High Court: A Division Bench comprising of Thottathil B. Radhakrishnan, CJ. and Ramesh Ranganathan, J., dismissed a writ petition filed by
Refusal of promotion by an employee does not deprive him of the benefit of pay upgradation
Madhya Pradesh High Court: A Single Judge Bench comprising of Sanjay Dwivedi, J., allowed a petition filed by an employee against the
Section 4(6) of Payment of Gratuity Act does not contemplate conviction as a condition precedent for forfeiting gratuity
Bombay High Court: A Single Judge Bench comprising of S.C. Gupte, J. dismissed a writ petition which was filed challenging the forfeiture