Conditions Of Service
by
Khushi Mehta
—
last modified
Nov 13, 2010 01:10 PM
- Compulsion for Standing Orders
- Probation/training period should be accounted while calculating compensation
- No person can be relegated to a post lower than what he was actually appointed on
- Appointment obtained by suppressing material facts resulting in Constitutional fraud will be void-ab-initio
- Negative Covenant Clause in Service Agreement
- Equal opportunities bill scheduled to be tabled in Winter Session
- Statutory rules need not be followed while removing Public Service Commission’s employees: SC
- SC decides on compulsory retirement of 'Dead Wood' amongst government employees
- Order extending retirement age challenged
- Legality of strike for public utility services
- No transfer without employee’s consent
- Service of part time employees are protected under the Industrial Disputes Act, 1947
- Essentials for opting for voluntary retirement
- No notice to be provided before retrenching a contract or casual worker
- Though a suspended workman does not work, he is entitled to subsistence allowance
- A sales representative, discharging duties of clerical nature, will be workman under Industrial Dispute Act
- Merely by registration, a trade union does not become an Authority under Article 12 of Constitution of India
- Termination or retrenchment of an employee calls for prior permission from government
- Entitlement to Compassionate jobs
- In absence of any proof that it was not medically feasible, transfer cannot be set aside
- No reason be stated in event of termination of services of a probationer
- It is justified to pay compensation in lieu of reinstatement and back wages
- If a person wilfully resigns, the termination cannot be challenged at later stage
- On reinstatement ‘Continuity of Service’ can be granted for the purpose of calculation of retirement benefits
- Although trainees continue through interim order they are not entitled to be regularized
- Employer has a right to prescribe the format but not the type of cloth to be used in uniform.
- Intentional neglect to join at transferred place by workman amounts to misconduct and attracts disciplinary proceeding
- Burden of proof for proving gainful employment lies on the workman and not on employer
- Purchase Officer functioning in the managerial capacity will not be a ‘workman’ under the Industrial Disputes Act
- Anand Prakash Vs Godrej Sara Lee Ltd.
- P.Jayaraman Vs Bharat Heavy Electricals Limited, Trichy and Others
- West Bokaro Colliery (TISCO Ltd.) Vs Ram Pravesh Singh
- H.Rama Murthy Vs K.R.D. Technologies Limited & Another
Also Check: Other Legal Aspects
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