12 August 2024

Search Results for Tag : Reinstatement

International Cases

Court can make an order relieving a person from civil liability for a broad range of contraventions if the person concerned acted honestly and no substantial injustice is caused to any person(15.07.2021)

In facts of present case, on 13 May 2021, the Plaintiff, Jit Sun Investments Pte Ltd (Jit Sun Investments), filed an originating process seeking order.....

Tags : Deregistered Company, Reinstatement, Registration

Court can make a winding up order on the just and equitable ground by reason of mismanagement or lack of confidence in the conduct and management of the company's affairs(01.07.2022)

By originating process which was amended on 14 February 2022, the Plaintiff seeks orders under the Corporations Act ,2001 for the reinstatement of Inf.....

Tags : Winding up, Reinstatement, Grant

News

Gujarat HC: Reinstatement a Normal Course When Section 25(F) ID Act is Violated(25.08.2022)

Gujarat High Court has held that the benefits of reinstatement would be a 'normal course' that ought to follow once there is a violative of Section 25.....

Tags : Gujarat High Court, Reinstatement, Industrial Dispute

SERVICE - Bombay High Court Orders Reinstatement Of HIV+ve Man As Coast Guard(25.03.2019)

After 14-years, Bombay HC has ordered reinstatement of an HIV positive man who was invalidly discharged on being diagnosed with HIV and tuberculosis.

Tags : Bombay High Court, Reinstatement, HIV

SERVICE - Madras HC Directs Reinstatement of Teacher Terminated 22 Years Ago(25.03.2019)

Madras High Court has came to the rescue of a 40-year-old secondary grade teacher whose services were terminated 22 years ago on the ground that her d.....

Tags : Madras High Court, Reinstatement

SC: Reinstatement with Full Back Wages Not Automatic in Every Case(21.09.2021)

Supreme Court has reiterated that reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not .....

Tags : Supreme Court, Reinstatement with Full Back Wages

J&K&L HC: Mere Reinstatement Without Clean Chit in Depart Inquiry Not Ground to Quash Cr. Proceeding(23.09.2022)

Jammu and Kashmir and Ladakh High Court has held that mere reinstatement into service without a clean chit in departmental inquiry is not a ground to .....

Tags : Jammu and Kashmir and Ladakh High Court, Reinstatement, Departmental Inquiry

SC Directs Madhya Pradesh HC to Reinstate Woman Judge Who Made Sexual Harassment Allegations(13.02.2020)

Supreme Court has directed the Madhya Pradesh High Court to consider reinstating a woman judge, claiming only her seniority to be maintained, who had .....

Tags : Supreme Court, Madhya Pradesh High Court, Reinstatement of Woman Judge

Allahabad HC Directs Reinstatement of Home Guard Sacked for Being Homosexual(10.02.2021)

Allahabad High Court has directed reinstatement of a home guard who had been sacked on the charge of “indecency” on the basis of a video in which he w.....

Tags : Allahabad High Court, Reinstatement of Home Guard Sacked for Being Homosexual

Rajasthan High Court: Reinstate Ayurvedic Doctors Who Haven’t Attained 62 Years of Age(01.03.2024)

Rajasthan High Court has directed that those ayurvedic doctors who have been superannuated on attaining the age of 60 years but have not completed the.....

Tags : Rajasthan High Court, Ayurvedic Doctors, Reinstatement

Madras HC Directs CRPF to Reinstate Constable Who Failed to Fire During Militant Attack(02.03.2020)

Madras High Court has granted relief to a Central Reserve Police Force (CRPF) constable who failed to open fire during a militant attack in Manipur in.....

Tags : Madras High Court, Reinstatement of CRPF Constable

Bom. HC Sets Aside Reinstatement Order of Hindustan Petroleum Workman Who Slapped His Supervisor(15.04.2024)

Bom. HC set aside decision of the Central Government Industrial Tribunal (CGIT) to reinstate workman who slapped his supervisor and observed that comm.....

Tags : Bombay High Court, Central Government Industrial Tribunal, Hindustan Petroleum, Reinstatement

Supreme Court: Regulations of University Grants Commission are Binding on Universities(16.04.2024)

Supreme Court while directing Jamia Milia Islamia University to reinstate teachers on a permanent basis even after University Grants Commission’s lett.....

Tags : Supreme Court, Jamia Milia Islamia, University Grants Commission, Reinstatement

Delhi HC: Reinstatement Not Matter of Right Where Acquittal is Not Honourable(14.02.2022)

Delhi High has observed that reinstatement in public service cannot flow as a matter of right where the acquittal of such person is not an honourable .....

Tags : Delhi High Court, Reinstatement in Public Service

SC: Mere Acquittal in Criminal Case Doesn’t Entitle Employee to Reinstatement(02.03.2023)

Supreme Court while observing that merely because a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, o.....

Tags : Supreme Court, Employee, Reinstatement

SC Asks Madhya Pradesh HC to Consider Reinstatement of Ex-District Judge(15.07.2020)

Supreme Court has recommended to the Madhya Pradesh High Court to consider the reinstatement of the former Additional District and Sessions Judge from.....

Tags : Supreme Court, Reinstatement of Ex- District Judge

Gujarat HC: Employer Liable to Pay Wages to Workman Against Labour Court's Reinstatement Order(20.04.2022)

Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such .....

Tags : Gujarat High Court, Labour Court, reinstatement

Orissa HC Reinstates Police Constable Terminated 25 Years Ago for Height Deficiency(13.10.2020)

Orissa High Court has directed reinstatement of a police constable who was terminated from service 25 years ago on the ground of deficiency of height .....

Tags : Orissa High Court, Reinstatement of Police Constable

Chh. HC: Once Resignation is Accepted, Employee Cannot Claim its Withdrawal(18.10.2024)

Chhattisgarh High Court has held that once the resignation of an employee is accepted there is no jural relationship between the employee and the empl.....

Tags : Chhattisgarh High Court, Resignation, Reinstatement

Guj. HC: Workmen Terminated in Violation of Retrenchment Procedure is Entitled to Reinstatement(22.06.2022)

Gujarat High Court has held that where a workman is terminated in violation of the procedure for Retrenchment & Re-Employment provided under Sections .....

Tags : Gujarat High Court, Retrenchment, Reinstatement

SC: Can’t Consider Resignation Final Unless its Acceptance is Communicated to the Employee(16.09.2024)

Supreme Court while allowing the reinstatement of an employee, has observed that internal communication regarding acceptance of resignation cannot be .....

Tags : Supreme Court, Resignation Letter, Reinstatement

Judgments

Once option is given, same cannot be withdrawn, notwithstanding this clause, employees had a right to withdraw offer during validity period but not thereafter(29.08.2016)

Appellant Corporation obtained permission for winding up of appellant’s Corporation due to losses. Considering closure of Corporation, a Scheme called.....

Tags : Voluntary Retirement, Reinstatement, Validity

Mere non-supply of the inquiry report does not automatically warrant reinstatement of the delinquent employee(10.11.2017)

The Respondent was appointed as a driver with the Appellants-Road Transport Corporation. On 27th October, 1995 while driving a vehicle on Karnal-Harid.....

Tags : Reinstatement, Direction, Validity

Regularization by management gives no right to retrenched employee to claim re-employment(02.01.2019)

Present appeal is directed against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal filed.....

Tags : Reinstatement, Back wages, Validity

To classify a person employed in an industry as a workman, not only nature of work performed but also terms of appointment in job performed are relevant considerations(18.04.2019)

The Petitioner-Trust has challenged concurrent orders passed by the Labour Court and Industrial Court by filing the present writ petition. It is claim.....

Tags : Reinstatement, Direction, Validity

In case of reinstatement, payment of back wages is not a matter of right(29.06.2020)

Present are two petitions arising out of the impugned award passed by the Presiding Officer, Labour Court by which the Workman was reinstated into ser.....

Tags : Past conduct, Reinstatement, Legality

Reinstatement with full back wages is not automatic in every case of unlawful termination/ dismissal(20.09.2021)

The present appeal has been preferred by the Appellant-Bank against the order passed by High Court quashing the Industrial Tribunal’s order of directi.....

Tags : Reinstatement, Compensation

Where the inquiry is found to be defective, the employer can lead evidence before the authority to prove misconduct(08.12.2021)

The order passed by the High Court is the subject matter of challenge in the present appeal at the instance of the employer whereby the order passed b.....

Tags : Reinstatement, Direction, Legality

Reinstatement cannot flow as a matter of right, when acquittal is not an honourable acquittal(10.02.2022)

The present petition has been filed assailing the order of the Respondent, whereby the Petitioner was dismissed from service under Rule 19(i) of the C.....

Tags : Acquittal, Reinstatement, Entitlement

Award granting reinstatement should not be passed in the cases of daily rated employees(06.06.2022)

Present petition, filed under Article 227 of the Constitution of India, 1950 challenges the award passed by the Labour Court. The learned advocate for.....

Tags : Reinstatement, Direction, Validity

Resignation would be effective on its acceptance, even if the acceptance is not communicated(02.05.2022)

By present writ petition, the Petitioners i.e. the Management and the School have challenged judgment, passed by the School Tribunal, whereby oral ter.....

Tags : Direction, Reinstatement, Legality

Tribunal has power under Section 11A of ID Act to interfere with the punishment inflicted on an employee by the Management(12.09.2022)

The Petitioner in the present Writ Petition is aggrieved by the Award passed by the Presiding Officer. Vide the impugned Award, the learned Industrial.....

Tags : Reinstatement, Workman, Legality

Interim orders are always subject to the final decision(12.12.2022)

The employee – workman has preferred the present appeal feeling aggrieved and dissatisfied with impugned judgment passed by the High Court by which, t.....

Tags : Reinstatement, Wages, Entitlement

In the absence of any notification under Section 10 of the CLRA Act and in the absence of any findings that the contract was sham, High Court cannot direct reinstatement(05.12.2022)

The principal employer – Kirloskar Brothers Limited has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment an.....

Tags : Reinstatement, Direction, Legality

Judicial review is not akin to adjudication of the case on merits, unless the court finds that the findings recorded are based on no evidence(16.12.2022)

Present appeal, which has been preferred by Central Industrial Security Force and two others, takes exception to the judgment in Special Civil Applica.....

Tags : Reinstatement, Direction, Legality

Appointments on compassionate ground cannot be allowed to be retained, when position is obtained by fraud(01.08.2024)

In facts pf present case, Respondent-employees were appointed on compassionate ground with the Engineering Department, Eastern Railway. The disciplina.....

Tags : Reinstatement, Direction, legality

Writ Court while exercising the power of judicial review may interfere, if order has been passed by an incompetent authority or without following the principles of natural justice(30.07.2024)

Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records pertai.....

Tags : Award, Reinstatement claim, Entitlement

Every student with disability cannot be expelled without giving further opportunity to attain necessary levels(16.02.2018)

The Petitioner, a physically-disabled student enrolled in M.Sc. Mathematics in Respondent No. 1- Indian Institute of Technology, Delhi in academic yea.....

Tags : Reservation, Reinstatement, Grant

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