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The Labour Commissioner, Maharashtra has notifies the rates of Special Allowance payable to Scheduled Employments in Maharashtra for the period from 1.1.22 to 30.6.22

Copy of the notification is attached.

The Government of Jharkhand has issued a notification publishing The Jharkhand State Employment of Local Candidates in Private Sector Act, 2021 which provides for seventy-five percent employment of local candidates in private sector by employer in the State of Jharkhand and for matters connected therewith and incidental thereto.

The Act will come into force from the date to be notified by the Government of Jharkhand.

Copy of the notification

The principle of promissory estoppel shall not be applicable contrary to the Statute – Supreme Court

Copy of the judgement attached

It is settled law that the notification has to be read as a whole. If any of the conditions laid down in the notification is not fulfilled, the party is not entitled to the benefit of that notification.

An exception and/or an exempting provision in a taxing statute should be construed strictly and it is not open to the court to ignore the conditions prescribed in industrial policy and the exemption notifications.

Copy of the judgement attached

It is a settled principle of service jurisprudence that in the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail.

In Malik Mazhar Sultan v. U.P. Public Service Commission a two-judge Bench of the Supreme Court clarified that an erroneous advertisement would not create a right in favour of applicants who act on such representation

Copy of the judgement attached

Employees of an independent autonomous entity registered under the Societies Registration Act, are not entitled benefits on par with the State Government employees. The Supreme Court held as follows:

As per the law laid down by this Court in a catena of decisions, the employees of the autonomous bodies cannot claim, as a matter of right, the same service benefits on par with the Government employees.

Merely because such autonomous bodies might have adopted the Government Service Rules and/or in the Governing Council there may be a representative of the Government and/or merely because such institution is funded by the State/Central Government, employees of such autonomous bodies cannot, as a matter of right, claim parity with the State/Central Government employees. This is more particularly, when the employees of such autonomous bodies are governed by their own Service Rules and service conditions. The State Government and the Autonomous Board/Body cannot be put on par.

Copy the judgement is attached

“Whether or not to declare a particular day as a public holiday or an optional holiday or no holiday at all is as a matter of government policy. There is no legally enforceable right that can be said to have been infringed. Nobody has a fundamental right to a public holiday. As it is, we have far too many public holidays in this country. Perhaps the time has come to reduce, not increase, the number of public holidays.”

Copy of the judgement

Courts cannot rely on comments made during the course of the mediation or settlement proceedings

Copy of the judgement is attached

An employee, as a matter of right, is not entitled to avail the services of an Ex- employee of the Bank as his DR in a departmental proceeding.

In departmental proceedings right to be represented through counsel or agent can be restricted, controlled or regulated by statute, rules, regulations or Standing Orders. A delinquent has no right to be represented through counsel or agent unless the law specifically confers such a right. The requirement of the rule of natural justice insofar as the delinquent’s right of hearing is concerned, cannot and does not extend to a right to be represented through counsel or agent.

Copy of the judgement is attached

Employees who have refused the offer of regular promotion are disentitled to the financial upgradation benefits envisaged under the O.M. dated 9.8.1999.

The Supreme Court also clarified that the above rule would not apply to employees who were not offered regular promotion but conditional promotion on officiating basis and subject to reversion.

Copy of the judgment is attached