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Gujarat High Court Dismisses Petition Seeking Promotion as Head Driver — Right to Promotion Not a Fundamental Right. The court held that promotion is not a fundamental right and the petitioner failed to establish any legal right to the same.

The petitioner, Vora Mahmadhusen Jivabhai, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Supreme Court Partially Allows Appeal in Insurance Company Service Dispute — No Work No Pay Principle Applied for Period After Punishment Order. Employee Not Entitled to Salary for Period of Unauthorised Absence Despite Subsequent Quashing of Termination Order.

The Supreme Court considered an appeal by the Chief Regional Manager, United India Insurance Company Limited against a judgment of the Allahabad High ...

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High Court of Karnataka Dismisses Petitions of JTOs Challenging Promotion Policy for Training Officers. The court upheld the validity of the Karnataka Government Servants (Seniority) Rules, 1957 and the promotion policy based on seniority-cum-merit.

The petitioners, who are Junior Training Officers (JTOs) in various Government Industrial Training Institutes (ITIs) in Karnataka, challenged the prom...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity is a statutory right under the Payment of Gratuity Act, 1972, and cannot be withheld due to pending criminal proceedings or departmental inquiries.

The petitioners, Madhukar and Abdul Kasim Khan (in W.P.No.5919/2008) and the legal representatives of deceased Shivappa (in W.P.No.5920/2008), were em...

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High Court of Karnataka Dismisses Petitions Challenging Gratuity Recovery Orders Against Municipal Corporation Employees. Gratuity Act Section 7(4-A) Recovery Not Barred by Limitation Act; Employer's Failure to Deposit Amount Attracts Interest.

The petitioners, former employees of the Hubli-Dharwad Municipal Corporation, challenged the recovery orders passed by the Deputy Commissioner and App...

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Bombay High Court Dismisses Writ Petition by Maharashtra State Electricity Board in Service Dispute — Retirement Date Corrected Based on School Leaving Certificate. Employer Cannot Unilaterally Alter Date of Birth Without Following Principles of Natural Justice.

The Petitioner, Maharashtra State Electricity Board, challenged the orders of the Labour Court, Satara and the Industrial Court, Satara which allowed ...