#employee rights

The Madhya Pradesh High Court has ruled that suspension of agricultural cooperative service employees under Rule 32 cannot extend beyond one year, even if disciplinary proceedings remain pending. This binding limit reinforces procedural fairness in public employment and mandates immediate revocation of prolonged suspensions, affecting thousands of state-linked agricultural workers across MP.

Madhya Pradesh High Court rules that a transfer order cannot be enforced against an employee on maternity leave, staying its operation until the leave period concludes. The court directed the authorities to consider any representation by the employee within 30 days, reinforcing protections under service law for pregnant workers.

Rajasthan High Court holds that withholding an employee's salary without a specific, written order is illegal and arbitrary, even for medically reassigned personnel. The court directed payment of arrears, reinforcing that due process must be followed in salary deductions under service law.

Bombay High Court quashed a compulsory retirement order, ruling that failure to furnish the inquiry report to the delinquent employee violates principles of natural justice, rendering disciplinary proceedings void. The Court reinstated the employee with full back wages and consequential benefits, reinforcing the right to a fair hearing in service law.

The Andhra Pradesh High Court held that an employee’s right to relinquish promotion under Rule 28 of the A.P. State and Subordinate Service Rules, 1996, is a personal choice and cannot be overridden by administrative action. The court directed reinstatement of the employee, emphasizing that such decisions are protected unless contrary to public interest.

Supreme Court rules that back wages for illegally terminated employees must be computed from the date they became eligible for regularisation, not the actual regularisation date. The judgment invalidates employer-imposed conditions that delay wage entitlement, reinforcing labour rights under the Industrial Disputes Act.

Madhya Pradesh High Court rules that an employee unlawfully denied duty despite a court order is entitled to back wages for the intervening period, even if no work was performed. The judgment underscores that the 'no work no pay' principle cannot override judicial directives, ensuring protection of employee rights under service law.

Madras High Court rules that recovery of amounts for unimplemented disciplinary punishments (postponement of increment) is illegal and arbitrary. The Court directed the Tamil Nadu State Transport Corporation to refund Rs. 11,900 with 6% interest, reinforcing protections against unjustified deductions in government employment.

Madras High Court applies the Supreme Court's 39-month salary formula to calculate compensation for illegal termination, awarding ₹15,00,000 instead of reinstatement after 19 years of litigation. The ruling reinforces that compensation, not reinstatement, may be the appropriate relief in prolonged service disputes under the Tamil Nadu Shops and Establishments Act.

Rajasthan High Court rules that employers cannot withhold salary without a specific, communicated order, even for medically unfit employees reassigned to lighter duties.

Kerala High Court rules that co-operative societies cannot deduct amounts from subsistence allowance without statutory authority, affirming entitlement under Kerala Service Rules.

The Central Administrative Tribunal holds that suspension orders lapse automatically upon superannuation, as no statutory provision permits continuation post-retirement.

CAT Allahabad holds that employees have an inalienable right to refuse promotion if the order permits it, regardless of domestic hardship or same-division posting.