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

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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.

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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.

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Acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different.

Maharashtra State Road Transport Corporation v Dilip Uttam Jayabhay

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The Hon’ble Delhi High Cour held as follows

“The Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women. The provisions of the Act have to be given effect to, in letter and spirit. Technical issues would not come in the way of the Court or the authority concerned, in recognizing the said benefits. An organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations”

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The Supreme Court of India has held that In matters relating to service jurisprudence, time and again it has been held that it is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then the interest of all is represented and protected. In view of the above, it is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity. Non-joining of all the parties cannot be held to be fatal.

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Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right

Ajay Kumar Shukla v Arvind Rai & Ors

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Prosecution under Minimum Wages Act not maintainable in the absence of specific assertions that the Director was in-charge of and responsible to the company

The Supreme Court also held that Directors it Officers cannot be prosecuted unless the Company is made a party to the Complaint.

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The Supreme Court held that there can be no quarrel with the proposition that in a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not to be found in the original judgment.

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