Rajeshbhai marched to the Labour Court, claiming the corporation had violated his right to fair treatment, a legal concept known as ‘natural justice’. The court agreed, calling the dismissal harsh and ordering
Rajeshbhai’s reinstatement with some back pay. The corporation felt unheard, unheard in the cacophony of the initial ruling. They appealed to a higher court, the Gujarat High Court.

Here, the plot thickened. The Gujarat High Court acknowledged the seriousness of Rajeshbhai ‘s absences, even with his explanations. But a new wrinkle emerged – the corporation argued they weren’t given a fair chance to defend their decision. Their written statement, a document outlining their case, explicitly raised this concern. Imagine being on trial but denied the chance to speak!

The High Court, upholding legal principles, agreed. Every side deserves a hearing, they ruled. Failing to consider the corporation’s defense violated “procedural fairness,” the legal guarantee of a proper process.
Rajeshbhai’s case was sent back to the Labour Court. This time, the corporation would get its say. They would have the opportunity to present evidence justifying Rajeshbhai’s dismissal. The story wasn’t over.

Rajeshbhai would have to wait, and the corporation would get their chance to plead their case. This legal drama highlighted two important lessons. Employers, like the Rajkot corporation, need to follow proper procedures when taking disciplinary action. Even an employee’s admission of wrongdoing might not be enough. And for both sides, the fight for fairness, whether keeping a job or justifying a decision, hinges on being heard.

The post Gujarat HC: Employer gets right to be heard in labour dispute appeared first on HR Katha.

According to the court ruling, Jassy’s comments—made a couple of years ago, in 2022— clearly suggested that the employees would fare better without a union; that they could expect improvements at a faster pace at work and with less hurdles in terms of bureaucracy if they are not part of a union; that things happen faster and more smoothly when employees are directly connected to their managers, which will not happen if there is a union in between.

The National Labour Relations Board was of the opinion that instead of letting employees know that unionisation is likely to make it more difficult for the employees to maintain direct links with their managers, he actually said that unionisation would make them less empowered. His statements were aimed at actively discouraging employees from joining unions.

Charges were filed against Jassy by the Amazon Labour Union for making the so called ‘persuasive’ or ‘coercive’ comments at various summits, that is, in public.

The ruling confirms that leaders need to be very cautious with their words in public, especially when it comes to sensitive matters such as unionisation, considering their legal implications.

Amazon, however, is reportedly considering the Judge’s ruling as going against freedom of speech.

If the ruling is upheld, Amazon will have to issue a notice across the US clearly stating that it will never threaten its employees by implying lesser empowerment as a result of unionisation; that unions will result in slower action due to increased bureaucracy.

The post How did Amazon CEO violate labour law? appeared first on HR Katha.

The High Court further ordered that those appointed beyond the official number of 24,640 vacancies, after the official date of recruitment had expired, and those who submitted blank Optical Mark Recognition (OMR) sheets and yet were appointed, were to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.

The West Bengal government, however, has now approached the Supreme Court to challenge the order. In fact, it is considering paying the salaries of the concerned teachers and non-teaching staff till the SC gives its verdict.

Therefore, over 25,000 teachers and non-teaching staff appointed and working in the schools aided or sponsored by the state government may receive their salaries for April even though their appointments were cancelled by the Calcutta HC. After all, they have worked for almost the entire month of April.

It is pertinent to mention here that the West Bengal School Service Commission (SSC) had submitted a list of candidates to the High Court in whose case irregularities had emerged in the recruitment process. The irregularities were related to Optical Mark Recognition (OMR) sheet manipulation and rank jumps. This list had about 5,300 names. However, the HC was not satisfied with this list.

The post Will WB government pay April salaries to teachers & non-teaching staff? appeared first on HR Katha.

The husband had challenged the order by a family court that refused to grant him divorce. He argued that by complaining to his employer she had humiliated him and caused him much embarrassment at work.

The Court observed that no marriage can survive without mutual respect, which was clearly lacking in the said couple’s relationship. According to the Court, even if such complaints are made to a spouse’s employer after the concerned two have parted ways, it is still a “cruel” thing to do. The couple had lived together for barely eight months after marriage post which they had been living separately. Their son had had no opportunity to spend time with his father since the mother had stayed away with him all the time.

The wife had also used inappropriate language while talking about her father-in-law in a message. Her behaviour had naturally caused the husband mental agony. Therefore, given the disrespect shown by the wife and the accusations of domestic violence, the Court felt the foundation of the marriage was rather weak and shaky and would not be emotionally good for either the wife or the husband.

The post “Complaining about spouse to their employer disrespectful”: High Court appeared first on HR Katha.

Employee resignation deemed not forced

The case centred on an employee (Raghavendra) who resigned from Bharti Airtel, later claiming the resignation was involuntary. The Karnataka High Court had partially upheld Raghavendra’s claim, but the Supreme Court overturned this decision.

The Court analysed Raghavendra’s resignation letter, noting it lacked evidence of coercion. While Raghavendra expressed dissatisfaction with his performance evaluation, the Court found this did not constitute forced resignation.

Employee classification and authority

The Supreme Court further clarified the classification of ‘workman’ under the Industrial Disputes Act, 1947. The Court held that the mere absence of power to appoint, dismiss, or conduct disciplinary inquiries wouldn’t solely determine ‘workman’ status. This distinction is crucial, as ‘workman’ status grants access to specific dispute resolution mechanisms.

High Court intervention and burden of proof

The Court also commented on the appropriate level of judicial scrutiny for Labour Court decisions reaching the High Court. It emphasised that the High Court should only intervene when a Tribunal’s order exhibits a significant level of infirmity.

The Court additionally clarified that the phrase ‘not of his free will’ doesn’t automatically imply employer coercion. Raghavendra’s complaints about his rating, including an approach to the company’s Ombudsman, suggested dissatisfaction rather than forced resignation.

The Court highlighted the lack of any direct allegations of bias or victimisation against the employer. Raghavendra’s grievances may not have been addressed to his satisfaction, but this wouldn’t necessarily translate to a forced resignation.

Ruling and significance

The Supreme Court ultimately concluded that Raghavendra did not qualify as a ‘workman’ under the Act. Consequently, referring the dispute to the Labour Court was deemed inappropriate. This decision reinforces the employer’s authority in performance evaluations and highlights the specific criteria used to determine ‘workman’ status under Indian labour law.

The post Bharti Airtel v. A.S. Raghavendra: Employee cannot dictate employment terms, employer’s appraisal prevails: SC appeared first on HR Katha.

Justice R. N. Laddha observed that the rules “demonstrate that every employee cannot demand accommodation as a matter of right.” He emphasised that the flats are provided on a leave and license basis, granting no permanent rights.

This decision comes after the association filed an appeal against a lower court order denying them relief regarding the demolition. They argued that eviction notices were issued due to the government’s disinvestment in Air India, but the court found no merit in their claim.

The court also noted that previous rulings by the Division Bench and the Supreme Court had already directed Air India employees to vacate their accommodations or face eviction. While the Supreme Court offered protection against penal rent and damages, it acknowledged that the colony flats were provided on a temporary basis.

Furthermore, the court recognised MIAL’s plans to demolish only unoccupied buildings, ensuring minimal impact on current residents and prioritising safety. Essential services will continue, and inhabited buildings, including schools, will not be demolished without due process.

With this ruling, the Bombay High Court has cleared the way for MIAL to proceed with the demolition of vacant buildings at the Air India Staff Colony, upholding the principle that employee housing is a welfare function, not a guaranteed right.

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The case involved Hindustan Lever Employees Union and Hindustan Unilever Limited, where the company insisted on suspended employees reporting daily as a condition for receiving their subsistence allowance. This allowance, mandated by Section 10A of the Industrial Employment (Standing Orders) Act, 1946, is meant to support employees during their suspension period, when they are not receiving their regular salary.

The Court rightly rejected the company’s argument, stating that the law imposes no such condition for receiving the allowance. Judge Milind N. Jadhav questioned the purpose of daily reporting, calling it an “empty and meaningless formality” that serves only to “massage the ego” of the employer.

The Court’s decision carries significant weight. It puts an end to a potentially outdated practice that adds unnecessary stress and inconvenience to employees already facing the uncertainty of suspension. Comparing the situation to bail conditions, Judge Jadhav aptly pointed out that requiring daily reporting adds no value beyond mere control.

This ruling sets a positive precedent for other cases involving employee suspension and subsistence allowance. It emphasises the importance of upholding the spirit of the law, not blindly following established practices that may no longer serve a valid purpose.

In conclusion, the Bombay High Court’s decision is a victory for employee rights and common sense. It simplifies the process of receiving subsistence allowance and eliminates a needless burden for suspended employees, allowing them to focus on resolving their disciplinary matters without unnecessary pressure.

The post Hindustan Lever Employees Union vs HUL: Bombay HC scraps mandatory daily attendance appeared first on HR Katha.

A man and his wife are going through a divorce, and the wife has requested information about her husband’s salary because she needs it to determine the amount of maintenance (financial support) she should receive. She asked for this information through the Right to Information (RTI) Act.

The husband objected to sharing this information, but the SIC ordered his employer to provide it. The husband then filed a petition challenging this decision in the Madras High Court.

Justice G R Swaminathan said that the SIC made the right decision. In a divorce case, the wife is not considered a third party; she has the right to obtain certain basic details regarding her husband’s salary.

The amount of financial support the wife should receive depends on the husband’s income. Therefore, the judge upheld the SIC’s decision and rejected the husband’s petition.

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It is pertinent to mention here that Dalal was associated with Wipro for more than two decades and served as CFO since 2015.

As per the employment clause, Dalal was not allowed to join a rival firm for a year from the date of resignation. Dalal, on the other hand, put in his papers at Wipro in September and his last day at the firm was 30 November. He joined Cognizant the very next month, that is, December 2023, taking on the position of CFO there. He conveyed to Cognizant that he was not bound by any non-compete clause with Wipro, as per a filing by Cognizant with the US Securities and Exchange Commission.

That means, Cognizant has not played any illegal part in this issue.

Dalal’s appointment or contract with Cognizant also comes with a non-compete clause, clearly mentioning Wipro as a rival. The contract prevents Dalal from joining any competitor within a year of givingg in his resignation at Cognizant. The employment contract that Dalal has signed with Cognizant clearly states that he has entered into the agreement of his own accord.

Meanwhile, Dalal has requested the court to refer the matter for arbitration. The next hearing is to take place tomorrow, that is, 3 January 2024.

The post Wipro seeks Rs 25 cr in damages from former CFO appeared first on HR Katha.

The inquiry also revealed that Apple discriminated against non-US residents too in some cases.

However, the tech major denied doing anything wrong or unlawful when it came to hiring practices. Its settlement documents stated that it had over 90,000 people in its workforce in the US and continues to be one of the major job creators in the country.

The company stated that it had ended up violating the standard set by the Department of Justice without intending to do so, and therefore, was ready to settle by paying $25 million.

Most of this amount would go into a fund that will benefit the victims who were discriminated against. The remaining amount will be the fine that was slapped on Apple for following wrong, unfair hiring practices in 2018-19, which were discriminatory in nature. The practices were alleged to have violated the Immigration and Nationality Act.

Apple recently lost a bid to prevent a mass lawsuit worth up to $2 billion alleging that it hid defective batteries in millions of iPhones. Apple, of course called these allegations baseless and sought to get the case thrown out of court. However, the Competition Appeal Tribunal (CAT) has said that the case can proceed.

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This law will apply to all employers with at least four employees in their workforce. The law will also apply to employees working remotely for employers in New York state, that is, if they are reporting to a manager or office in New York state.

Government entities or firms offering temporary help are exempt from this law, which has come into effect starting 17 September 2023.

This is part of the ongoing efforts to ensure that not just women but people of colour are able to command equal pay for equal work. It is hoped that pay transparency will prevent employers from discriminating in terms of pay, that is, paying some people less and others more for similar roles, on the basis of their race, gender or factors not pertaining to their skills. The move will also spread awareness amongst exploited workers providing them information about the kind of pay they can demand or should expect.

The post Employers in New York State to be transparent with pay rates appeared first on HR Katha.

The Bill had been passed by the state legislative assembly on 4 August, following which certain recommendations were made. Now that the 10 recommendations have been satisfactorily addressed, the Governor has given her consent to the same on 14 September 2023.

Earlier, there were rumours that the Bill had been held back and that the approval of the President of India would be sought for the same. However, in truth, the Governor had sought certain clarifications on the same and had recommended 10 points for the overall welfare of the staff.

One of her recommendations was that the Corporation itself be the sole and exclusive owner of the assets, lands and properties of TSRTC even after its employees become government staff and part of RTC.

Protests were held in depots across Telangana even a month ago, against the Governor who had at the time sought a little more time to study the bill before lending her approval to the merger of TSRTC with the state government. Hundreds of TSRTC employees had marched to the Raj Bhavan as part of a few hours’ strike demanding that the Governor give her approval to the Bill.

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The Bill, if enacted, will reserve positions for local candidates earning Rs 50,000 a month. The rule will be applicable to companies, trusts, societies, partnerships, firms, and even establishments that employ over 10 people /workers.

This is the best way to ensure that local youth stop relying only government jobs and have alternate means of livelihood within their own state.

The enactment of the Bill will also go a long way in preventing educated but jobless youth from getting addicted to drugs. They will get meaningful employment and be in a position to offer financial support to their families. Additionally, it will control immigrants, which, in turn, will bring down drug-related crimes and unionization.

The government, as suggested by SASI, should demand that employers report the number of local youth they have employed, via an online portal. It is SASI’s demand that at least 75 per cent of the workforce in private-sector establishments should comprise locals and that employers should be penalised if they fail to comply.

Recently, it was recommended by Education Minister Taba Tedir that candidates taking exams conducted by the Arunachal Pradesh Public Service Commission (APPSC) need to produce a Permanent Residential Certificate (PRC) of Arunachal Pradesh. The children or spouse of state government servants with temporary residential certificate (TRC) and/or employment certificate will also be eligible for such exams.

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The workers’ union —representing around 169 workmen of Jet Airwyays, who were temporarily employed by the airline — argued that the workmen who were hired on contract were treated as temporary workers even though they had worked for 240 days. They had been hired on fixed-term contract as loader-cum-cleaners, drivers and operators but were not given permanency even after completing 240 days.

The High Court, which upheld the order of the Central Government Industrial Tribunal (CGIT), maintained that just because the workers had completed 240 days it did not make them eligible for permanency as per the Model Standing Order given the settlement and Clause 18 thereof. The workers’ demand for reinstatement and back wages was denied.

However, the Supreme Court ruled in favour of the union, saying that a worker who has put in 240 days of work in an organisation is entitled for a permanent role, and that no contract/settlement can override or ignore this right. The Act provides that any agreement/contract/settlement that waives off the rights of the employees cannot override the Standing Orders.

The Bombay Industrial Employment (Standing Orders) Rules, 1959 i.e., Bombay Model Standing Order, clearly states that workers who have served an establishment for 240 days are entitled to be made permanent. Therefore, in the case of Jet Airways, the airline could not have waived the provisions of the Bombay Model Standing Order to curtail the rights of the workmen.

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The bench consisting chief Justice Sanjib Banerjee and Justice W Diengdoh noted that the appellant was aware from the beginning that her position in the Military Engineer Services was subject to transfers. Additionally, the court also observed that the rules governing the services did not permit the appellant’s requested exemption.

The appellant presented her case before the high court, arguing that her request to the employer was made as a plea for mercy, considering the regular travel obligations of her husband. She requested a two-year deferral of the transfer, expressing her confidence in being able to leave her children behind and accept any future posting by that time. However, on May 12 of this year, the Central Administrative Tribunal (CAT) rejected her application, prompting her to file the current appeal before the High Court.

Moreover, the court acknowledged that according to established legal principles, courts should not interfere with routine transfers that are necessary for administrative purposes. In light of this, the court dismissed the appellant’s appeal against the transfer order, which had been upheld by the Central Administrative Tribunal (CAT).

The post Woman with minor children resists transfer, plea dismissed by Meghalaya HC appeared first on HR Katha.

Ghosn was forced to flee from Japan — after successfully heading Nissan’s operations for 20 years — when he was accused of breach of trust and misuse of company’s properties for personal profit. He was also accused of violating securities laws by withholding his compensation details. In 2018, he was arrested and even kept in solitary confinement for months during which he wasn’t allowed to meet even his wife. In 2019, he fled the country following a $14 million bail, and sought refuge in Lebanon.

Having Lebanese citizenship, Ghosn placed his trust in Lebanon’s judiciary and spent three years preparing for the lawsuit.

He is now suing Nissan for $1 billion, 50 per cent of the amount for damages and 50 per cent in salary, retirement funds and stock options. Ghosn has reportedly told the media that had he been in the US with American citizenship, he would have demanded much more for the suffering he has had to endure.

He is demanding compensation from a Lebanese associate of Nissan, in addition to those who entered his houses to seize his documents, computers and so on. He has also sought damages from all those who were part of the investigations that led to his arrest. He claims that he was illegally thrown out of Nissan. Therefore, he is determined to challenge the company — for tarnishing his reputation and questioning his character— irrespective of whether he wins the case or not.

The post Former CEO begins legal fight with Nissan for tarnishing his name appeared first on HR Katha.

It all started in 2018, when two Black men were asked to leave the coffee shop because they had been occupying a table for a long time without ordering anything. They had claimed to be waiting for a third person to arrive. One of them was not allowed to use the restroom being told that only customers who had paid or had ordered were allowed to use the restroom. Later, the duo was led out of the outlet by the police. Of course, following this controversial incident, which vent viral, there were agreements and settlements between the men and the chain as well as the city administration of Philadephia.

Starbucks then apparently went on to penalise the White employees who were working in and around the city of Philadelphia, in a bid to make the community believe that it had taken adequate steps post the incident, even though these White employees had nothing to do with the arrests. Phillips, who was also let go, filed a lawsuit against Starbucks for firing her because she was White.

However, Starbucks maintained that she was fired because her performance was not up to the mark and that she had failed to comprehend the seriousness of the situation.

Phillips of course draws attention to the fact that she had climbed up the corporate ladder over a period of six years, and that it was her performance and hard work that had made it possible for her to go from being a district manager in Ohio to a regional director handling 100 stores.

The post Former Starbucks regional director wins lawsuit; awarded $25 mn in damages appeared first on HR Katha.

The penalty he is being asked to pay up by the Education Department is quite heavy but so is his crime, as he has been unfairly enjoying the perks of a government job for 26 years when he wasn’t actually qualified for it. Investigations into his records began when somebody informed the Education Department how Kumar had managed to bag the job by wrong means. It was then found that Kumar had actually submitted fake documents in order to get the job.

It is reported that Kumar is now absconding.

Just few weeks back, the Delhi High Court had ruled that employees who submit fake or fabricated documents to their employers in order to get a job should not be shown any mercy, and should be dealt with strictly.

The ruling came while dealing with a plea by a woman who got a job at Bihar Bhawan post her husband’s death, on compassionate grounds. She was a Group IV employee.

About 14 years ago, when the woman was accused of getting drunk and creating disturbance in Bihar Bhawan, she was issued a show cause notice following which she was suspended. An investigation later revealed that she had submitted fake documents at the time of joining. While her documents showed that she had passed Class VIII, it was found that the certificate she had submitted to prove that was not genuine. This discovery led to her being terminated from employment.

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The ruling came while dealing with a plea by a woman who got a job at Bihar Bhawan post her husband’s death, on compassionate grounds. She was a Group IV employee.

About 14 years ago, when the woman was accused of getting drunk and creating disturbance in Bihar Bhawan, she was issued a show cause notice following which she was suspended.

An investigation later revealed that she had submitted fake documents at the time of joining. While her documents showed that she had passed Class VIII, it was found that the certificate she had submitted to prove that was not genuine. This discovery led to her being terminated from employment.

The woman claimed that she did not actually require to submit a certificate to prove that she had passed Class VIII to get a job in the Group IV category. In other words, she wasn’t required to be a Class VIII pass candidate for the post she had been appointed to. Therefore, the authenticity of the certificate should not really matter when it comes to her job.

However, the High Court ruled that no sympathy can be shown to any employee who furnishes fake or fabricated documents, and that such people did not deserve to be employed at all. Therefore, her termination was justified.

The post ‘No mercy for employees submitting fake documents’: Delhi High Court appeared first on HR Katha.

This class action is the latest in a series of legal actions against Twitter, with five others pending in the same court, alleging discrimination against female workers and employees with disabilities. Twitter, however, has denied these allegations.

Following Musk’s acquisition of Twitter for $44 billion, the company laid off around 3,700 employees, accounting for half its workforce, in November 2022, as part of cost-cutting measures. Several hundred more employees resigned later on.

Maryland-based TEKsystems, the staffing firm that employed the contract workers, was also named in the lawsuit. However, neither Twitter nor TEKsystems have responded to requests for comments.

Attorney Shannon Liss-Riordan has filed additional complaints in private arbitration on behalf of over 1,700 former Twitter employees and contractors
who did not sign arbitration agreements, claiming that they were terminated for protected conduct under federal labour law, such as criticising the company or attempting to organise a strike. Liss-Riordan is representing the plaintiffs in all of these cases.

Liss-Riordan warned Musk that avoiding his responsibilities would come at a high cost.

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A legislation has been approved by the Parliament of Spain to this effect. This makes Spain the first European nation to allow employees paid menstrual leave.

The law has been approved thanks to the efforts of Irene Montero, equality minister, Spain.

While 185 votes were cast in favour of the law, only 154 votes went against it.

Very few countries, such as Zambia, Indonesia and Japan have legislations in place that allow paid menstrual leave.

Spanish women professionals can now take as much time off from work as they need to deal with menstrual pain and discomfort, provided they produce a doctor’s certificate proving their condition. How much leave can be taken is yet to be specified.

However, as is the case with any law or legislation, there are many who oppose. There are people who feel that menstrual leave policy may result in stigma for women professionals. Also, many feel that such a policy will discourage employers from hiring women in the first place.

The legislation also makes abortion more accessible in public hospitals. Now, even minors in Spain can go in for an abortion if they are 16 years of age, without having to get permission from their parents.

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The judge accepted Thorley’s claims that her dismissal was due to her medical condition, and ruled that Donnelly had not followed a fair process in the sacking. Donnelly admitted that he should have followed proper procedures in dismissing Thorley. The judge ordered him to pay compensation for the unfair dismissal.

The case highlights the challenges faced by employees with medical conditions, such as endometriosis, in the workplace. Employers have a legal obligation to make reasonable adjustments for employees with disabilities, including medical conditions that substantially affect daily life. Failure to do so can result in legal action and compensation for the employee.

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The Delhi High Court has sought the government’s response to the PIL and listed the matter for a hearing on May 23. Ahmad, who filed the PIL, claimed that he did it for the benefit of workers and labourers employed in Delhi. The plea stated that the non-payment of minimum wage is affecting the fundamental rights of labourers, including the right to life, health, and dignity guaranteed under Article 21 of the Constitution.

The PIL also requests the state government to stop allowing individuals, companies, organisations, or establishments to advertise job vacancies that pay salaries below the minimum wage on the government’s official portal or otherwise. The petitioner referred to a previous order of the Delhi government in October 2022 that outlined the minimum wage to be paid to unskilled, semi-skilled, and skilled workers.

The petitioner also alleged that he had contacted the Delhi government concerning the lawful payment of wages to its employees, but it failed to respond or take any action. The plea claims that job advertisements for various posts, such as office boy, cook, waiter, computer operator, delivery boy, kitchen helper, and ambulance driver, are being posted on the government portal with salaries below the minimum wage set by the state government, thereby violating its order.

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According to the suit, Chantaruck resigned from IBM in 2021 and joined Accenture as Thailand managing director a month later, in April 2022. IBM alleges that Chantaruck’s move to its largest competitor in the Asia-Pacific region in terms of consulting revenue gave the company the right to rescind her bonus.

IBM’s lawyers wrote in the complaint that “IBM and Accenture entities compete particularly in the information, digitalisation, and consulting spaces, both globally and within the Asia-Pacific region.” IBM has asked Chantaruck to return the money, but she has refused to do so.

Chantaruck, who spent many years working for Microsoft Corp. before joining IBM, has been recognized as a top tech executive in Southeast Asia. The Bangkok Post named her one of its 24 Women of the Year in 2021, along with former New Zealand Prime Minister Jacinda Ardern and Taiwan President Tsai Ing-Wen.

IBM’s lawsuit against Chantaruck has been filed under the case name IBM v. Chantaruck, 23-cv-1191, in the US District Court, Southern District of New York (Manhattan). Neither Chantaruck nor Accenture has responded to requests for comment.

The post IBM sues former executive for accepting role at rival company appeared first on HR Katha.

During a series of appeals, it was noted that CRPF employees at various positions and stationed in the North East had made a request.

The petitioners, who had finished their assignment in New Delhi, were relocated to Manipur. Upon arrival at their new location, they asked for HRA (House Rent Allowance) similar to what they received at their previous posting. The request was denied because there was no government order to provide HRA to personnel posted in the NE region who keep their families at their previous posting without linking their headquarters to the new location. This denial is being challenged in court.

The court, consisting of Justice M.V. Muralidaran, specified that the only requirement is that the employee’s family members must live with them at the previous posting location before being transferred to the North East region.

As per Live law, the court said, “That is the reason why posting to these places is called difficult posting, as it is not normally feasible to keep the families along while working at such stations. In order to ensure that such employees join these difficult stations, the benefit of HRA is extended to their families as well, who are allowed to remain at the last station of posting.”

The court noted that it is permissible for a central government employee to receive two HRAs even if they choose to keep their family at the previous station in a personal or rented home after vacating government housing as a result of a transfer to the NE region.

The court cited various memos issued by the Ministry of Home and Ministry of Defence to support their decision. They explained that the reason for granting double HRA to employees posted in the NE region or Andaman and Nicobar Islands is because it is not feasible for them to bring their families to these challenging locations.

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Last year, the said teacher — who teaches history in a government school under the Directorate of Education of the Government of Delhi — had approached the court with a petition to be allowed to discharge her duties without being compelled to get vaccinated.

However, the teacher is now vaccinated, and therefore, Justice Prathibha M Singh allowed her to formally seek service benefits from the concerned authority. The Court has directed that a decision be taken on the issue within 30 days.

The Court referred to the Supreme Court’s judgement in the past wherein it had been ruled that an individual has the right to deny medical treatment that affects his/her own individual health. That is what personal autonomy meant.

Also, the Court relied on the order issued by a coordinate bench in a previous case, wherein it was clear that as per the Supreme Court ruling, employers were not demanding that employees be vaccinated and employees were allowed to resume their duties even if they weren’t vaccinated.

Meanwhile, elsewhere in the world, an employee of ESPN is facing a lawsuit from a former producer, who had worked for the Company for three decades. She had been ordered to take the vaccine shot, but had refused to do so because of religious reasons. Following her refusal, she ended up losing her job. However, she has now filed a case saying that by firing her, ESPN had violated Civil Rights Act of 1964, which prohibits religious discrimination and provides for religious accommodations.

The post ‘Employer cannot impose COVID-19 vaccination’: Delhi HC appeared first on HR Katha.

The Pune Industrial Court ordered that 50 percent of the salary be paid to 1,086 retrenched workers from April 7, 2022 until the case was decided. However, the company challenged the order in the Bombay High Court, and later moved the Supreme Court against the order, despite the High Court ruling in favor of the workers in September.

The workers have claimed that no compensation has been paid to them thus far, and the union has named Barra and other executives for contempt of court.

The carmaker is said to owe the workers around $3 million in wages based on the industrial court’s order.

General Motors India has argued that the industrial court acted beyond its power in ordering the compensation and that it had attempted to settle the issue amicably by offering workers a generous severance package.

Despite stopping sales in India in 2017, the company continues to struggle with the sale of the factory and the lawsuit is expected to be heard in the coming days.

The post General Motors CEO and executives sued by employee union for failure to pay court appeared first on HR Katha.

Therefore, such an adopted child cannot be entitled to any family pension either.

Such an adopted child does not fall under the definition of ‘family’ as per Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension, observed the bench comprising Justices K M Joseph and B V Nagarathna.

In this particular case, the widow of Shridar Chimurkar, the deceased government servant, adopted a son two years after Chimurkar died.

The Central Administrative Tribunal, Mumbai, wanted the authorities to consider the son’s claim for family pension saying that he should be treated as the adopted son of the deceased Chimurkar.

According to the Tribunal, as per Sections 8 and 12 of the Hindu Adoptions and Maintenance Act, 1956, the widow of a Hindu man is allowed to adopt a son or a daughter even if the dead husband had not ordered or wished for her to do so. Therefore, the Tribunal held that such an adopted child is deemed to be the child of the dead husband. However, when the High Court reversed this order, Chimurkar’s son approached the Supreme Court.

The Apex Court pointed out that there is a difference between the rights of an adopted son under Hindu Law and his rights to draw family pension. The latter has a significant impact on the Government’s finances. Also, the SC observed that a ‘family member’ should be close to the deceased, that is, directly connected and not just some remote association. In this case, the adopted son was unknown to the deceased and the two had not even seen / met each other. Therefore, the adopted son could not be called a part of the family of the deceased.

The post No pension for child adopted after death of government employee: SC appeared first on HR Katha.

The writ appeal by the Corporation was dismissed by the Bench consisting Justice S Vaidyanathan and Mohammed Shaffiq, who observed that a woman worker cannot be deprived of maternity benefits basis minor technicalities in the rules.

The Court went on to point out to government officials that women have always been considered superior to men and regarded as equal to God in Hindu mythology. At a time when Central and state governments are going out of their way to empower women and uplift them, it was unfair to hold back maternity benefits on the basis of some minor clauses.

The Division Bench even went on to explain how labour pain feels like 20 bones in the body being crushed at the same time, and that it takes extraordinary strength to bear it; and that childbirth is an extraordinary feat that men or even normal human beings can never achieve. Therefore, rules need to be liberally approached while granting maternity leave to women employees.

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The Time Camp software can track how long a particular document was open, how the employee used the document, and logs work time. Besse argued that the software had misinterpreted her use of the laptop for personal and professional use, but the company demonstrated that the software was capable of distinguishing between the two. Besse also claimed that she had printed the documents and worked on them, but the company showed that the software was able to log print commands and that work done on printed documents was required to be reported to the company, which Besse did not do. The judge dismissed Besse’s claim of wrongful termination and ordered her to pay the company.

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The suspect, who is from Bhopal, Madhya Pradesh, joined the Gurugram-based firm in March 2017 and was trained at the aggregator’s office in Sector 65, according to the police.

The suspect was in charge of the firm’s Mumbai office, according to the police. In September 2021, the company competed in a multi-billion dollar global tender organised by a multinational corporation, but lost to a competitor.

The suspect resigned in March 2022 because his father was suffering from serious illnesses and needed to relocate to Dubai for treatment, said the police.

Investigators were told the firm’s top management also received calls from a person identifying himself as the suspect’s father, requesting that his son be released as soon as possible so that he can travel for timely treatment.

The aggregator’s senior officials learned in July 2022 that the suspect had joined the rival firm that won the bid, prompting them to launch an internal investigation.

The firm’s technical experts scanned the laptop that they gave to the suspect for official use. Experts say he gained access to almost all sensitive internal data, including the tender, which he supplied to the rival group and helped them win the bid.

The police say the suspect was arrested on December 28 at Sector 65 police station under Section 66B of the Information Technology Act, Section 120B (criminal conspiracy), Section 406 (criminal breach of trust), Section 408 (criminal breach of trust by clerk or servant), and Section 420 (cheating) of the Indian Penal Code.

Inspector Sudhir Kumar, station house officer (SHO), Sector 65 police station, stated that an investigation has been launched and that appropriate action will be taken as soon as possible.

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Nike has been at the forefront of many social issues, tying themselves to numerous celebrities to push their social narratives. These new discoveries could prove to be extremely detrimental to the multibillion dollar apparel company and its partners.

Since the wake of the #MeToo movement, Nike has been engaged in a long running lawsuit about gender discrimination and sexual harassment after a few female employees spoke out against the sexist and belittling culture in the organisation.

The company has been engaged in the lawsuit since August 2018, when 4 women employees accused the apparel company with allegations of pay disparity and gender discrimination allowing for a work environment that allowed sexual assault.

Recently, 5000 pages of records and surveys were unveiled that provide accurate information on what those women said.

The surveys are called Starfish Surveys and only ten of them have been made public presently. The survey was written by Nike’s female employees and seem to echo the same sentiments regarding sexist attitudes, corporate bullying and sexual harassment.

A female employee wrote, “When I received this questionnaire, I asked several of my female coworkers what they thought of working at Nike. I asked how fairly they were treated based on performance vs gender. All unanimously talked about the ‘the Boys Club’ of Nike. A giant men’s sports team, where favoritism prevails and females couldn’t possibly play in the sandbox.”

Business Insider reported that female employees were told to ‘dress nicer’ and ‘show some skin’ by a male executive.

One survey mentioned that some of the executives were well known philanderers with lower level employees whom they exert influence and power over. While another survey wrote about how she caught a male employee receiving oral sex at the company gym from an employee who was not very high up the employee ranking.

Reports of male employees getting drunk on company trips, putting their arms around female employees or asking subordinate female employees on ‘work dinners’.

The surveys also stated that the company had a pressure-cooker environment where as per the Insider report women felt they were treated as inferior.

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The statement comes after the question was raised in Rajya Sabha about how the government is going to tackle the mass lay-offs in IT, edu-tech, social media, and other larger multi-national companies. Bhupendra Yadav, the Labour and Employment Minister, replied by saying that any redundancy is illegal if not done as per the Industrial Disputes Act, of 1947.

Bhupendra Yadav also added that as per the Industrial Disputes Act, firms and companies which operate with 100 employees or more have to seek permission from the Government before implementing any kind of layoff or closure.

Following this statement, he also gave a clarification that the matter of laying off employees in the IT, edu-tech, startups, social media, and other related sectors of both Indian and multi-national companies, comes under the jurisdiction of the state-level government and is not governed by the Centre at all. No such data on laying off in the IT, edu-tech, startups, social media, and other related sectors are maintained by the Centre.

Based on this information, the redundancy and layoff of employees which is not carried out under the provisions of the Industrial Disputes Act will be considered illegal. Thus, the Central and state governments are entitled to take action to protect the interests of the employees.

As for the firms and companies that function under the jurisdiction of the Centre, the Central Industrial Relations Machinery is responsible to supervise these activities and secure the interest of the employees

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Justice Sanjay Dhar was hearing a plea where the petitioners had challenged an advertisement notice via which respondents were seeking applications for temporary roles of staff nurses. These nurses were to be appointed as per an academic arrangement initially for a period of six months.

The staff nurses who were already occupying the posts had also been appointed for six months, as per a government order. Their contract was, however, extended off and on. While their recent extension allowed them to work till November 2022, the nurses objected to the ad seeking staff nurses, posted by the respondents (their employers), again on an academic arrangement, that is contractual basis.

The petitioners challenged the advertisement on the ground that it was against the law for the respondents to replace temporary nurses with temporary nurses. No contractual appointment can be replaced with yet another contractual or temporary appointment or arrangement. The petitioners (nurses) sought that the respondents be directed to allow them to continue as staff nurses (temporary) till the posts they were occupying were filled up on substantive basis.

Justice Dhar ruled that an ad hoc employee can only be replaced by a regular appointment, in compliance with the laid down procedures.

The post ‘Can’t appoint ad hoc employee in place of another ad hoc employee’: JKL HC appeared first on HR Katha.

That means, Britain may soon see strict laws that may even prevent fire fighters and ambulance staff from going on strike, so that emergency services are available to the citizens at all times.

With many border force employees stationed at several airports also threatening to strike, demanding better pay and working conditions, more disruptions appear to be on the horizon for Britain. Some leaders believe that new legislations may not really help in the present industrial action. The rail unions have been calling strikes on and off for some time now, demanding better pay and work conditions, and protesting against job cuts. The rail network was badly affected on the days of the strike, and the issue has not yet been resolved.

While media reports seem to suggest that much thought is being given to options that will mitigate industrial action in the times to come, nothing definite has been revealed officially. There is a likelihood that in trying to minimise disruption, there may be a ban on strikes by emergency services.

A bill has been presented in the Parliament proposing assurance of minimum service levels in terms of transport during strikes. However, discussions are yet to begin on the same by ministers.

The post Will Britain roll out laws to minimise disruptions during strikes? appeared first on HR Katha.

Amazon India had rolled out a voluntary separation programme (VSP) last week, aimed at reducing its team size.

What did the Nascent Information Technology Employees Senate (NITES) find unethical?

Well, as per the VSP, the employees of Amazon India have been given a deadline of 30 November 2022, by which they have to either quit on their own and avail the benefits of the separation scheme or be prepared to be laid off without any benefits.

Calling this VSP illegal and unethical, NITES had acted on the complaints received from the employees and requested the Centre and the labour relations authorities to intervene and resolve the matter.

Following the call for help by NITES, the Labour Ministry has now reportedly summoned the online retailer.

Given the fact that Amazon has a workforce strength of about 100,000 workers in India, hundreds of people will be deprived of a livelihood if they lose their jobs.

The Senate points out that the Industrial Disputes Act, 1947 forbids any employer from laying off employees without seeking prior permission from the appropriate government first. Also, an employee who has been with a company for a minimum of three years continuously, cannot be fired unless three months’ advance notice is given. The employer or organisation is obligated to provide reasons for a layoff and apply to the authorities for permission to do the same.

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A bench comprising Chief Justice UU Lalit and Justices S Ravindra Bhat and Sudhanshu Dhulia observed that the LTC benefit enjoyed by government employees is exempted as income. Therefore, it is not taxable. However, the bench ruled that the claim against LTC should be made lawfully and within certain boundaries set by the law.

The trip, first and foremost should be undertaken from one location or destination to another within the country. That means, foreign trips, that is, outside of India are not included in this. The Court also pointed out that LTC can be claimed only for the shortest route between the two destinations.

The appeal filed by the State Bank of India (SBI) was dismissed by the SC. The Bank had filed the appeal against a Delhi High Court order passed on 13 January, 2020 upholding the findings of the Income Tax Appellate Tribunal (ITAT) that SBI had failed to deduct the income of its employees at the source. The Bank, it is alleged, had reimbursed the full travel claims of employees who had travelled from Delhi, to Madurai, Columbo and then onwards to Kuala Lampur-Singapore-Columbo-Delhi.

The Income Tax department, however, insisted that this reimbursement violated the LTC scheme and was also against the Income Tax Act and Income Tax Rules. The Bank, however, maintains that only the domestic part of the itinerary was reimbursed and not the foreign travel.

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One of the employees, Mutturaj G.S, however, filed a petition saying that the Channel had terminated him without following due process of law.

The employee had filed an FIR under Sections 20, 406, 506, 149 of the Indian Penal Code. These Sections pertain to criminal breach of trust and cheating, which has not happened in this case at all.

The Karnataka High Court observed that an employee whose employment has been terminated cannot file a case against the employer / organisation accusing the firm of criminal breach of trust and cheating.

The Karnataka Court found that the notice issued by the organisation clearly stated that the Channel was facing a crisis due to repeated losses, and therefore, the Board of Directors had taken a decision to close down operations till further notice.

In fact, the Court said that the employee was trying to unnecessarily pressurise the employer and also wrongfully set a criminal law in motion.

The post Employee who accused employer of unlawful termination loses case appeared first on HR Katha.

The deceased, who had passed away in 1995, was an employee of Fertilisers and Chemicals Travancore. His daughter — a minor at the time — whose name was not even in the list of dependants submitted by the employee, had sought an appointment on compassionate grounds in 2018. The Company had rejected her appointment following which she had moved the High Court. When the Company’s appeal to a division bench of the Kerala High Court had been dismissed, it approached the Supreme Court.

LiveLaw.in reported that a Bench of justices MR Shah and Krishna Murari observed that the very purpose of compassionate appointment is to help the surviving family of a deceased employee to tackle the sudden crisis that befalls them due to the death of the main bread winner of the family. The job is given to an eligible dependant, on compassionate grounds, so that the family is not left financially helpless. It is a purely humanitarian support. In no way does compassionate employment entail appointing a family member to the post rendered vacant by the deceased.

The counsel for the Company argued that the High Court should not have even considered the daughter’s petition demanding compassionate appointment after over two decades of her father’s death. Such a consideration was against the very purpose of appointment on compassionate grounds. When the daughter had applied for compassionate employment in 2018, her application was rejected as her name did not feature in the list of dependants.

The post Job on compassionate grounds can’t be given years after death of employee appeared first on HR Katha.

Gupta and her husband have been going through a divorce and when the process required him to reveal his income details, he refused to disclose what his exact income was. With her husband refusing to allow disclosure, she was denied the required information by the Central Public Information Officer (CPIO), Income Tax Department office of the Income Tax Officer, Bareilly.

This forced his wife to file a Right to Information (RTI) application to find out his income.

Following a couple of appeals, the Central Information Commission (CIC) under the RTI Act, 2005 ordered the CPIO to provide the appellant with the details Gupta had sought within 15 days.

As per transparency law, a spouse’s salary can be disclosed but the loan deductions and other expenditures from salary cannot be. Under the RTI Act, such deductions and subtractions from salary are considered personal information, and hence, cannot be revealed even to the spouse.

As per the CIC, it is not reasonable or legal to seek details of assets of spouses and dependents of government officials under the Right to Information (RTI) Act. If there is no public interest behind such a demand for this information, the appeal may be rejected as per a report in Financial Express.

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As reported by Live Law, the bench of Justices Surya Kant and JB Pardiwala observed that if an employee has been appointed on the basis of suppressed / concealed facts — about the candidate’s background (regarding arrest, conviction, prosecution, etc.) in the verification form submitted at the time of appointment — that employment can be terminated. Suppression of important information reflects wrong conduct.

The bench also observed that just because a candidate is acquitted in a criminal case he/she does not automatically become entitled to a job or post. He or she can be appointed only if the employer is comfortable, after thoroughly checking the background of the candidate and finding him/her suitable for the role.

A CRPF constable (general duty), Satish Chandra Yadav had been terminated from service when it was found that he had kept important information, about a criminal case being registered against him, from CRPF. When the Delhi High Court ruled that he was rightly dismissed, he approached the Supreme Court.

A criminal case had been registered against Yadav for an offence punishable under Sections 147, 323, 324, 504 and 506 of the Indian Pena Penal Code.

Yadav’s lawyer argued that the case registered against him was not serious and did not reflect any immorality or vileness in Yadav’s character or nature; that he should not be deprived of a job because of the same.

However, the Court ruled that the very fact that he had suppressed material facts was enough reason for termination of service.

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A petition filed by Kumari Mohani, the sister of a deceased employee was dismissed by Justice Neeraj Tiwari. Mohani wanted the Court to intervene and help her claim a job on compassionate grounds post her brother’s death.

However, the Court observed that since the petitioner’s brother was married and his wife was still alive and was also seeking a job on compassionate grounds, an appointment will be given to the wife. The sister will not be granted any relief.

The petitioner’s brother had got the job on compassionate grounds post the death of his father, who died in service. The brother had got a job as ‘safai karamchari’, under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

Now, with the brother losing his life in an accident, while in harness, the sister, that is, the petitioner was claiming an appointment on compassionate grounds. The mother of the deceased and the petitioner had given her consent for the appointment of the latter on compassionate grounds.

However, the Court ruled that the appointment will go to the living wife of the deceased.

The post Living wife of deceased govt employee eligible for job, not sister appeared first on HR Katha.

This observation was made by the Delhi High Court while hearing a case wherein the petitioner, the wife of an employee of Hindustan Petroleum Corporation who had lost his life in a road accident.

In 2008, post her husband’s death, the employee had sought compassionate employment for her son. However, the Corporation had discontinued the scheme four years before the death of her husband. This was conveyed to the petitioner, following which the petitioner had opted for the monetary benefits instead. That is, all the monetary benefits her husband would have received if he had been alive and working at the Corporation till his retirement.

This benefit was a huge sum of about of Rs. 58,88,990, which included the employees’ provident fund (EPF), gratuity, pension, annuity and so on.

Despite receiving this monetary entitlement, she still demanded a compassionate job for her son, even after being informed that the scheme for compassionate appointment had been withdrawn.

As per LiveLaw.in, the single judge bench of Justice Chandra Dhari Singh reiterated that the very purpose of ompassionate appointment is to help the survivors of a deceased employee to get through the crisis that befalls them without warning. A job on compassionate grounds to a dependent is a concession and cannot be demanded as a right.

Also, the Court observed that the sum of over Rs 58 lakh that she had been granted as monetary benefit would have sufficed for her and her family to comfortably get through the sudden crisis that may have been caused due to the death of her spouse. Post availing this she should not have sought compassionate appointment, which in this case was not an option being offered by the Corporation anyway w.e.f 2004, four years before her spouse’s demise.

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These employees have received a show-cause notice demanding reasons why they should not be fired. The employees will have to provide their responses to the notice by 28 July, 2022.

If their responses are not satisfactory and fail to convince, they will be terminated and be rendered jobless.

As per the State Fisheries Minister Parimal Suklabaidya, the Assam government is showing zero tolerance in the matter, and therefore, the guilty will have to face the consequences.

Investigations revealed that the employees in question were appointed without any interview. Their appointments were not made in response to any advertisement inviting applications to fill vacancies either, and therefore, their employment is being called illegal by the Committee that looked into the matter.

However, Ramakanta Deuri, the chairman of AFDC at the time, —during whose tenure these employees were appointed— maintains that they were appointed on a daily wage basis.

Other senior officials are being interrogated in the matter too.

This matter has come to light at a time when the fish farmers in the State have suffered huge losses in the devastating floods.

In fact, only a couple of weeks ago, the Fisheries Minister announced that these fish farmers will receive financial support from the Assam government.

The State government has been trying to revive the fish industry by supplying fish seeds to the affected farmers. The State is almost self-sufficient in terms of fish production.

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The petitioner’s date of birth in all documents was 1 November, 1961. Therefore, he was due to superannuate only on 30 November 2019, on completing the age of 58. However, the petitioner was given premature retirement without any explanation or reason in June, 2016 itself.

Therefore, the petitioner approached the Court seeking notional reinstatement and superannuation in 2019, along with all benefits.

The lawyers for the Corporation maintained that there was discrepancy in the age submitted by the petitioner and that at the time of medical examination when he was appointed, he had stated that his age was 30, which is what the Corporation had noted; and that on the basis of that his retirement was fixed for 2016.

As reported by Live Law, Justice P. Madhavi Devi observed that changing of date of birth by employer in the employee’s service records, when he is close to retirement, is not allowed.

The Court observed that the certificates and documents submitted at the time of appointment carried the date of birth as 1 November 1961, and it matched with the official records of the petitioner too. Therefore, it is not possible or permissible for anyone to change that date, and that too when the petitioner is close to retirement.

The Corporation was also ordered to pay the petitioner all the consequential benefits for the three years of service that he was forced to miss out on. After all, it was not his fault that the Corporation did not use his services.

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With cashless payments becoming more common, it has become very easy for bar and restaurant owners to hold back the tips meant for the staff.

After six long years, the law that will ensure that the tips are protected and travel down to the employees has received government backing. Once the Bill becomes a law, it will be illegal for hospitality businesses to withhold such tips anymore.

If passed as a law, all tips, service charges and gratuities that customers pay to the restaurants, bars and other hospitality outlets will have to be distributed amongst the staff members.

This will be a welcome amendment to the Employment Rights Act 1996, making it obligatory for employers to ensure that the tips reach the employees.

As the law has taken so long to receive approval, workers, who are already struggling to make ends meet due to low wages, have lost out on an average of about £2,000 per year.

Over two million employees in the hospitality space will benefit from this law.

That is not all, as per section 27K, an employee will be able to approach the employment tribunal if his/her employer has failed to comply with sections 27D and 27G, pertaining to tips and their rightful distribution. A new statutory Code of Practice will also come into effect to guide businesses and employers about distributing tips.

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Justice Biren Vaishnav maintained that the employee was not paid more than what he is entitled by any fault of his. He had not made any mistake or indulged in any fraud. The money had been granted to him without him being aware that it was more than what he was entitled to. Hence, the Corporation cannot hold him responsible for receiving an excess amount, and then expect him to return the amount.

The Court ordered the Ahmedabad Municipal Corporation to refund the amount of Rs.63,878 to the employee within ten weeks from the date of receipt of the writ of the order of this court.

Back in 2016 too, in a similar case, the High Court had been approached by the Ahmedabad Municipal Corporation, which had tried to recover money from the pension of certain employees, as it had made a mistake in fixation of pay as per the pay-scale. It wanted recover the excess amount without allow the said employee an opportunity of hearing. At the time, it was held that such recovered were wrong as per law.

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Selvan had been working with TCS as an assistant systems engineer, but had been laid off in 2015. He approached the court seeking continuity of service. Although Selvan managed to find odd jobs and freelance work in the last seven years, he did not give up his court battle with TCS, his employer. In fact, TCS had told the court that he was not a ‘workman’, but a ‘manager’ who had been asked to leave because of his poor performance.

The presiding labour officer at the Court reportedly observed that the details and actual nature of Selvam’s work were not disclosed on purpose by his employer in order to hide the ‘principal nature’ of his duty; that Selvam was, after all, a skilled worker only.

However, Selvan continued to pursue justice with backing from the Forum for IT Employees (FITE), which fights for employee rights. After seven long years and innumerable visits to the court, Selvan finally received justice and how!

The Chennai labour court has asked TCS to pay him his full salary for the period that he was laid off, along with all the benefits. He will also get his job back, to qualify for which Selvan had reportedly spent about one lakh in a course about eight years ago.

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The Gauhati High court observed that since the Hindu Marriage Act does not accept bigamy, the second wife cannot be recognised, and therefore, she cannot claim pension. The deceased employee was a Hindu and so are his wives.

The High Court pointed out that as per the Hindu Marriage Act, a man cannot have two wives. Also, a second marriage while the first wife is still alive is an offence as per the Indian Penal Code and reason for divorce.

Therefore, the second wife of Biren Deka cannot claim family pension, as the first wife is still alive and has not been divorced by the deceased.

Bigamy is considered an offence not just as per criminal law but also under the Hindu Marriage Act (HMA), Section 17, which clearly states that a marriage between Hindus is considered null and void if on the date of such marriage, either party has a husband or wife who is alive. Entering into such a marriage is punishable under Section 494 and 495, of the Indian Penal Code (IPC).

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Earlier, if a Central government employee went missing, his/ her family members would have had to wait for at least seven years for him/her to be declared untraceable, or wait for the government records to officially / legally declare the employee dead before they could start receiving pension.

Now, post revision of the rules, the pension will be paid to the next of kin of the missing employees immediately, regardless of whether they are covered by the Central Civil Services (CCS) Pension Rules, CCS (Extraordinary Pension) Rules or the National Pension System (NPS).

If the missing employee is found or traced and rejoins work, the pension amount that was paid to his / her next of kin for the period that he/ she was missing will be deducted from the salary.

It has been observed that many officials are hesitant to serve in difficult areas. This revision in family pension rules will bring relief to such government employees who are posted in delicate or difficult regions, such as Jammu & Kashmir or the Northeastern states or areas prone to unrest, violence or militancy.

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