Case Law - Service Law

Unilateral removal of certain expression from terms of policy by insurer, whether permissible [M/S Twenty First Century Media Private Limited V. New India Assurance Company Ltd.]

Insurance company could not unilaterally remove certain expression from terms of insurance policy in order to curtail its liability under said policy.

February 6, 2019

Practice of profession of nurses, whether confined to only state from where degree has secured [Private Nursing Schools And Colleges Management V. The Indian Nursing Council & Ors.]

Once nurses secure diploma / degree from college run by state authorities, they can practice their profession anywhere in the country and not in concerned state only

February 4, 2019

Driver fell off the roof of the bus accidentally, whether compensation payable [Leela Bai & Another V. Seema Chouhan & Another]

Where as per terms of employment, deceased , a bus driver, was to remain with bus for 24 hours a day, fact that he accidentally fell off the roof of bus could not be regarded as an act in isolation to hold that death did not occur in course of employment, consequently, claim for compensation under Act was to be allowed.

January 27, 2019

Eligibility of candidate in matter of appointment in service, how to be determined [Rakesh Bakshi & Anr V. State Of J&K & Ors.]

In matter relating to appointment in service eligibility of candidate must be decided with reference to qualification possessed as on the cut off date and the qualification acquired later in point of time can not make a candidate eligible.

January 27, 2019

Whether teacher is an ’employee’ under section 2(e) of payment of gratuity Act 1972 [Birla Institute of Technology V. The State of Jharkhand & Ors.]

Teacher is not an ’employee’ under section 2(e) of payment of Gratuity Act,1972 and thus, he/she is not entitled to claim gratuity at time of superannuation

January 24, 2019

Order passed by High Court directing appellant to pay wages as per Minimum Wages Act,1948, whether justified [Ragini Sinha Vs State of Bihar & Ors];

Where High Court upheld order passed by competent authority directing appellant to pay wages to her workers in accordance with provisions of Minimum wages Act,1948, order so passed did not require any interference.

January 17, 2019

Seniority in service as a teacher, how to be determined [KU. BHAWANA Vs. STATE OF MAHARASHTRA & ORS ]

Seniority in service as a teacher was to be determined on basis of date of acquisition of B.Ed degree and not from date of appointment as a teacher on temporary basis

January 12, 2019

Reversion of appellant from post of bill clerk to khalasi, whether permissible [SUKH BILASH THAKUR V. THE BIHAR STATE ELECTRICITY BOARD AND OTHERS] ;

Where appellant was appointed as bill clerk, in views of fact that there was no fraud on his part for securing said appointment and, moreover, no allegation was there that he failed to perform his duties, impugned order reverting appellant to post of khalasi deserved to be set aside.

January 12, 2019

Commencement of period of limitation in case of availability of remedy appeal;

In case of availability of remedy of appeal, doctrine of merger applies and thus, period of limitation would commence when final order is passed by appellant court.

December 30, 2018

Acquittal of a person in a Criminal Case, whether results in automatic entitlement for job applied for; [UNION TERRITORY, CHANDIGARH ADMINISTRATION AND ORS V. PRADEEP KUMAR AND ANOTHER ]

Acquittal in a criminal case does not automatically entitle person for appointment of past as it is still open to employer to consider his antecedents and examine whether he is suitable for said post.

December 30, 2018

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