Retrospective Change In Probation Date Can't Be Used To Alter Settled Seniority, Violates Service Rules & Natural Justice: AP High Court

The Andhra Pradesh High Court has held that once an employee's seniority has attained finality after rendering long years of service, the authorities cannot revise it by changing the date of probation after a long lapse of time. [2026 LiveLaw (AP) 175]The Court further held that such action, taken without issuing notice or affording an opportunity of hearing, is hit by the principles of...

Medical Representative Is Not 'Workman' Under Uttar Pradesh Industrial Disputes Act: Allahabad High Court

The Allahabad High Court has held that a medical representative is not a 'workman' under the U.P. Industrial Disputes Act, 1947 read with the Sales Promotion Employees (Conditions of Service) Act, 1976.Section 6(2) of the Sales Promotion Employees (Conditions of Service) Act, 1976 provides that the provisions of the Industrial Disputes Act, 1947, as in force for the time being, shall apply...

Employee Absorbed In New Cadre Can't Be Denied Its Benefits Due To Initial Appointment In Another Cadre: Allahabad High Court

The Allahabad High Court has held that once an employee is permanently absorbed in a cadre, he becomes a member of that cadre for all service purposes, and the cadre in which he was first appointed cannot thereafter be used to deny him the financial benefits attached to the cadre he was absorbed into.It held that upon absorption, the lien on the earlier post and the incidents of the earlier...

Prison Guard's Removal Can't Be Upheld Based On Unverified Video Of Meeting Under-Trial's Family While Escorting Him: Chhattisgarh High Court

The Chhattisgarh High Court has held that findings recorded in a departmental enquiry cannot be sustained where they are founded on a social media video whose source, authenticity and manner of proof have not been established. [2026 LiveLaw (Chh) 99]The respondent-prison guard had been charged with roaming with the family members of an undertrial prisoner at a restaurant while escorting...

Probationer Is Also 'Employee' Under RPwD Act, Can't Be Terminated For Acquiring Disability During Service: Rajasthan High Court

The Rajasthan High Court has held that a probationary government employee who acquires a disability during service is entitled to protection under Section 20 of the Rights of Persons with Disabilities Act, 2016, and cannot be terminated merely because he was on probation.The bench of Justice Rekha Borana granted relief to a constable whose services were terminated after he acquired...

Trade Union Not 'State', Employer Can't Generally Invoke Article 226 To Restrain Proposed Strike: Karnataka High Court

The Karnataka High Court has held that a writ petition against a workers' union to restrain a proposed strike is not maintainable as a general rule under the Industrial Relations Code 2020, remarking that Trade Union does not qualify as 'State' under the Constitution. On the other hand, an aggrieved employer could approach the Industrial Tribunal for enforcement of the statutory prohibition...

Nominating Another Woman As 'Wife' In Records Can't Override Legally Wedded Wife's Right To Family Pension: Gauhati High Court

The Gauhati High Court has held that a legally wedded wife of a deceased government employee cannot be denied family pension merely because the employee had nominated another woman as his “wife” in the pension records. A Single Bench of Justice Kaushik Goswami was hearing a writ petition filed by Shibani Dutta, whose husband, late Sankar Dutta, a retired government employee, had...

Supernumerary Posts U/S 20(4) RPwD Act Available Only To Those Who Acquire Disability During Service: HP High Court

The Himachal Pradesh High Court held that the benefit of adjustment against a supernumerary post under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 is available only to employees who acquire a disability during the course of their service. It ruled that the provision does not extend to persons appointed under the quota reserved for persons with benchmark...

Chhattisgarh High Court Upholds Pay Cut Imposed On CISF Constable For Facebook Posts Against Indian Army, Paramilitary Forces

The Chhattisgarh High Court has upheld the penalty of reduction of pay imposed on a CISF Constable for posting objectionable content against the Indian Army and para-military forces on Facebook, holding that the punishment was commensurate with the misconduct. The Court further observed that in exercise of jurisdiction under Articles 226 of the Constitution, it cannot interfere unless the...

Employee's Compensation Act | Accident During Lunch Break At Worksite Arises Out Of Employment: Delhi High Court

The Delhi High Court has held that an accident suffered by a worker during a lunch break at the worksite would still be treated as one arising out of and in the course of employment under the Employee's Compensation Act. [2026 LiveLaw (Del) 714]Justice Manoj Kumar Ohri observed that a temporary break for meals does not sever the nexus between employment and the accident.The Court made...

Retired Govt Servant Can't Get Gratuity During Pendency Of Criminal Proceedings, Seriousness Of Offence Irrelevant: Allahabad High Court

The Allahabad High Court has held that gratuity and final retiral dues cannot be released to a retired government servant during the pendency of criminal proceedings against him, and that the seriousness of the offence he is facing is irrelevant to the question.Regulation 351-AA of the Civil Services Regulations, as applicable in Uttar Pradesh, provides that where departmental or...

Administrative Action Cannot Be Struck Down Merely Because It Was Not Issued As A Formal Order : Supreme Court

The Supreme Court on Thursday (July 30) held that when an authority possesses a power under a relevant statute to take an action, the mere fact that the action is styled as a "circular" or "communication" rather than a formal "order" does not invalidate it. “Once the power exists and it is clear that this particular power has been exercised, the style under which it was exercised would...