Section 85(a)(i)(b) of The Employees’ State Insurance Act, 1948 prescribes punishment for a particular offence as imprisonment which shall not be less than Six Months and fine of Five Thousand Rupees. The proviso empowers Court to impose a sentence of imprisonment for a lesser term “for any adequate and special reasons to be recorded.“ My […]
Read more "Section 85 of The Employees’ State Insurance Act, 1948"“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]
Read more "Stale Claims Before Writ Court"Kunal Chatterji is so deep into the game of litigation, he must be considered an irresistible force. *Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649* was a resounding success. But, State of West Bengal v. Nemai Chandra Ghoshal & Anr., [Criminal Appeal No. 970 of 2012] is another feather in […]
Read more "State of West Bengal v. Nemai Chandra Ghoshal"My Lord, What is Pension? “It is a well known principle, pension is not a bounty. The benefit is conferred upon an employee for his unblemished career. In D.S. Nakara v. Union of India, (1983) 1 SCC 305 D.A. Desai, J speaking for the Bench opined: “The antiquated notion of pension being a bounty, a […]
Read more "Pension is Not a Bounty I"“Orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover.” In the following few situations, recoveries by the employers, would […]
Read more "The ‘Far Outweigh’ Standard in Recovery from Employees I"In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]
Read more "Referred to Larger Bench I: The Rules of The Game Principle"
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