Search Results for "Employer's prerogative"

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Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jharkhand. Contractual Engagement Under Sarva Shiksha Abhiyan Does Not Confer Right to Absorption or Pay Parity with Regular Teachers.

The Supreme Court dismissed a batch of civil appeals filed by para-teachers engaged under the Sarva Shiksha Abhiyan (SSA) in Jharkhand, challenging th...

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Supreme Court Dismisses Appeals Against Air Force School Not Being 'State' Under Article 12. Writ Jurisdiction Under Article 226 Not Available Against Air Force School Managed by Non-Government Society Funded by Non-Public Funds.

The Supreme Court dismissed two civil appeals challenging the judgment of the Allahabad High Court which held that the Air Force School, Bamrauli, is ...

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Karnataka High Court Allows Appeal by Corporation, Upholds Compulsory Retirement of Employee for Refusing Transfer. Employer's Right to Transfer Employee is a Fundamental Management Prerogative and Refusal Constitutes Misconduct Justifying Dismissal.

The case involves an intra-court appeal by the Karnataka Food and Civil Supplies Corporation Limited against an order of a learned Single Judge dated ...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Partly Allows Teacher's Petition Against Suspension Direction in School Tribunal Order. School Tribunal Exceeded Jurisdiction by Ordering Suspension Pending Enquiry; Management's Prerogative to Suspend Not Subject to Tribunal Direction.

The petitioner, a confirmed assistant teacher employed since 1995, had her services terminated on 5 July 2010 without any disciplinary enquiry. She ap...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...