2026 LLR WEB 624 - DELHI HIGH COURT
Employer must prove abandonment and conduct enquiry; otherwise, termination is illegal under labour law.
INDUSTRIAL DISPUTE - Illegal termination - Plea of abandonment of service - Burden of proof - Intention to relinquish employment - Absence from duty - Domestic enquiry - Misconduct - Section 11-A of t...... read full judgement
2026 LLR WEB 623 - CHHATTISGARH HIGH COURT
Writ jurisdiction under Article 226 is discretionary, and stale service challenges filed after inordinate and unexplained delay are barred by laches.
BELATED CHALLENGE TO DISMISSAL - Dismissal from service - Forged educational certificate - Departmental enquiry under CCA Rules - Delay and laches in writ petition - No statutory limitation under Arti...... read full judgement
2026 LLR WEB 622 - CALCUTTA HIGH COURT
Section 2A(2) applies only to disputes arising from discharge, dismissal, retrenchment, termination, or refusal of employment, and not to disputes arising from a lawful transfer.
INDUSTRIAL DISPUTE - Maintainability of direct application - Section 2A(2) of the Industrial Disputes Act, 1947 - Refusal of employment - Amendment to Section 2A - Transfer as per service conditions -...... read full judgement
2026 LLR WEB 621 - CALCUTTA HIGH COURT
Back wages require proof of wrongful termination; they cannot rest on presumptions or later regularization.
INDUSTRIAL DISPUTE - Contract labour - Expiry of contract - Cessation of service - Illegal retrenchment - Back wages - Subsequent regularisation - Scope of industrial reference - Burden of proof - Jur...... read full judgement