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Chhattisgarh High Court

Equivalence of two educational qualifications is a technical and academic matter and it must be done by a specific order by experts in field

December 8, 2015 10113 Views 0 comment Print

Distinguished issue that has cropped up for consideration is whether this Court in its jurisdiction under Article 226 of the Constitution of India can draw equivalence of two educational qualifications and declare equivalence, that too after initiation of recruitment process.

Rules for Prior approval before termination of service of an employee

December 3, 2015 4872 Views 0 comment Print

Provisions requiring prior approval before termination of service of an employee under Act of 1978 and Rules made thereunder are not applicable to minority Institution established under Article 30(1) of the Constitution of India.

Inspector appointed under CG Industrial Employment (Standing Order) Act, 1961 has no jurisdiction to adjudicate dispute under the Act of 1961.

December 2, 2015 936 Views 0 comment Print

The focal question falling for consideration is whether Inspector appointed under Section 15(2) of the Chhattisgarh Industrial Employment (Standing Order) Act, 1961 (henceforth ‘Act, 1961’) has power and jurisdiction to adjudicate the dispute under the Act, 1961 ?

Writ Petition (Civil) for issuance of writ of certiorari is maintainable challenging order passed by Board of Revenue

December 1, 2015 3105 Views 0 comment Print

This petition under Article 226 of the Constitution of India has been listed for hearing on office objection regarding maintainability of the writ petition. An objection has been raised by the Registry that the writ petition filed against the order passed by the Board of Revenue

Determination of caste status can be done only by Caste Scrutiny Committee

December 1, 2015 6264 Views 0 comment Print

The Supreme Court in the matter of Madhuri Patil v. Commissioner, Tribal Development5 formulated scheme for verification of tribal status and held that any application for verification of her tribal status as a scheduled tribe should be carried out by such committee and issued direction for issuance of social caste certificate, their scrutiny.

National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

November 30, 2015 3102 Views 0 comment Print

Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is altered/modified or substituted by another settlement.

Not considering married daughter for Compassionate appointment is violative of Constitution

November 30, 2015 2331 Views 0 comment Print

HC held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution.

Newspaper employee/ union competent to invoke Section 27 of Working Journalist Act, 1955

November 30, 2015 1320 Views 0 comment Print

Newspaper employee/its union are competent to invoke Section 27 of the Working Journalist Act, 1955 for the amount due including for recommendation of Wage Board accepted by Government of India.

Gratuity is property under Article 300-A of Indian Constitution

November 27, 2015 6993 Views 0 comment Print

In the matter of State of Jharkhand and others v. Jitendra Kumar Srivastava and another1 , it has been held by Their Lordships of the Supreme Court that gratuity and pension are not bounty and it is thus a hard earned benefit which accrues to an employee and is in the nature of property.

State Govt decision to not to recruit Teachers cannot be interfered

November 24, 2015 1086 Views 0 comment Print

Thus, the question involved in the present writ petitions has been considered by the Supreme Court in number of occasions clearly holding that a person whose name appears in the select list does not acquire any indefeasible right of appointment and empanelment at the best is a condition of eligibility for the purpose of appointment and by itself does not amount to selection or create a vested right to be appointed.

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