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Tag Archives: sc judgment

Important Supreme Court Judgment on Regularisation of Casual labour

10 Friday Aug 2018

Posted by VAN NAMBOODIRI in BSNLCCWF - Casual and Contract workers

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BSNLCCWF, Regularisation, sc judgment

The Supreme Court of India in Civil Appeal nos. 7423- 7429 of 2018 in Narendra Kumar Tiwari vs. The State of Jharkhand has delivered a very important judgment on 1st August 2018 with regard to the regularisation of the casual labours.  This was an appeal by a casual labour of the State Government of Jharkhand against the decision of the judgment of the High Court of Jharkhand denying regularisation on the basis of the Karnataka and others vs Umadevi judgment.

The Supreme Court in its order has stated as follows: “Under the circumstances,we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of service rendered by them. If they have completed 10 years of service, they should be regularised unless there is some valid objections to regularisation like misconduct etc.” The full text of the judgment is being published in the bsnlccwf website, bsnlccwf.in

This gives a fair interpretation of the earlier SC judgment denying regularisation. BSNLCCWF has already taken note of the judgment and will decide future course of action in this matter.

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Pension, Gratuity, Leave Encashment are Employees Properties: Supreme Court

09 Wednesday Oct 2013

Posted by VAN NAMBOODIRI in TU News - India

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Pension as right, sc judgment

In the absence of any provision in the pension rules, a state government could not withhold a part of pension and/or gratuity during the pendency of departmental/criminal proceedings, held by the Division Bench of Justices K.S. Radhakrishnan and A.S. Sikri stating, “It is an accepted position that gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. Right to receive pension was treated as right to property.”

“According to Article 300 A of the Constitution, no person shall be deprived of his property save by authority of law. A person cannot be deprived of his pension without the authority of law. It follows that the attempt of the appellant [in this case the Jharkhand government] to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.”

“It hardly needs to be emphasised that the executive instructions do not have statutory character and, therefore, cannot be termed as ‘law’ within the meaning of Article 300A of the Constitution. On the basis of such a circular, which is not having force of law, the appellant cannot withhold — even a part of pension or gratuity. So far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation. Had there been any such provision in these rules, the position would have been different.” In the instant case, respondent Jitendra Kumar Srivastava was sanctioned 90 per cent provisional pension pending an enquiry. The remaining 10 per cent of his pension and salary was withheld. He was also not paid leave encashment and gratuity. The Jharkhand High Court directed the State government to release the withheld pension and salary and other benefits. The present appeals are directed against this judgment. (From: the Hindu, 19 Aug, 2013/ Working Class)

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Historic SC Judgment in Aruna Shanbaug case

07 Monday Mar 2011

Posted by VAN NAMBOODIRI in Uncategorized

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aruna shanbaug, sc judgment

Supreme Court gave its judgement in the Aruna Shanbaug case today. SC stated that no euthanasia killing for Aruna who has been lying 37 years in a critical condition – vegetable state – after she was attacked and raped by a ward boy in the KEM Hospital Mumbai where she was working as nurse.

The case for mercy killing was filed by one Ms Pinki Virani, a journalist and author stating that Aruna was lying in a vegetable state for the last 37 years and as a friend of her, she did not want Aruna to suffer more as there was no change of recovery. The entire staff of the hospital, including all the nurses, who were nursing Aruna for the last 37 years were against any mercy killing and were prepared to nurse her in future also as earlier.

The Supreme Court said No to mercy killing and congratulated the staff for nursing Aruna all these years continuously.

The poignant story of Aruna and the selfless service of the staff of the hospital will ever be remembered.

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