Legal Battle Over Dismissal for Fraud and Misconduct in a Nationalized Bank

Legal Battle Over Dismissal for Fraud and Misconduct in a Nationalized Bank

INDIAN OVERSEAS BANK & ORS V. OM PRAKASH LAL SRIVASTAVA CA NO.267 OF 2022 (SC)

The appellant-Bank, a nationalized institution, took disciplinary action against its employee, a clerk-cum-cashier, after he was accused of serious misconduct, including fraud and forgery. The respondent allegedly manipulated the signatures of his sister-in-law, Mrs. Meera Srivastava, to open a joint savings account, withdraw Rs. 20,000 issued to her as compensation for the death of her husband, and appropriated the amount. Following a detailed investigation and departmental inquiry, the respondent was found guilty of the charges and dismissed from service. However, the case underwent several stages of legal proceedings, leading to a challenge before the High Court.

Click here to read more!


INTERNATIONAL NEWS:

Pay transparency policies can reduce the gender pay gap: The case of Denmark and the United Kingdom

The United Nations declared September as "18th International Equal Pay Day" urging the world to address the global gender pay gap. According to the ILO, women earn, on average, just seventy-three cents compared to a dollar earned by men in high-income economies and only forty-four cents per dollar earned by men in low-income economies. This gap has severe consequences for women, including financial instability, reduced retirement savings, and limited access to healthcare, education, and housing.

Click here to read more!

MoHRE launches competitively priced health insurance package for private sector employees and domestic workers across the UAE

The Ministry of Human Resources and Emiratisation (MoHRE) has introduced a new basic health insurance package for private sector employees and domestic workers across the UAE, aimed at providing healthcare coverage to those not yet insured. This initiative, in collaboration with the Federal Authority for Identity, Citizenship, Customs, and Port Security, and the Ministry of Health and Prevention, is part of the Health Insurance Scheme approved by the UAE Cabinet. The scheme, effective from 1 January 2025, will extend coverage to workers in the emirates of Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah, and Fujairah, ensuring that 100% of workers in the UAE will be covered by insurance.

Click here to read more!

What Does the 2025 Artificial Intelligence Legislative and Regulatory Landscape Look Like for Employers?

The global AI regulation landscape is fragmented and rapidly evolving. Earlier optimism that global policymakers would enhance cooperation and interoperability within the regulatory landscape now seems distant. Instead, we continue to see the policy process to regulate AI progress throughout the world at different stages and adopting different models, from policy statements to soft law, to tabled or adopted legislation.

Click here to read more!

Little Caesars’ franchisee pays $26K in penalties for employing children to operate oven, dough mixer, work beyond allowed hours

The employer of a Little Caesars' franchise was fined tens of thousands of dollars over child labor law violations, the U.S. Department of Labor announced recently. An investigation found children under the legal age operating dangerous equipment and working past allowed hours at the pizza shop, based in Farmington Hills. It also found several children illegally working, leading to a violation of the Fair Labor Standards Act. JMP Pizza Inc., the operator of the Little Caesars' pizza location, paid a $26,341 civil fine to the labor department's Wage and Hour Division after children were found to be working with heavy equipments and past the normal working hours.

Click here to read more!


NATIONAL NEWS:

Norms for 2 accident relief schemes eased

“The context of environmental liability and social impacts has vastly evolved since the time this Public Liability Insurance law was enacted in 1991. Any amendment to laws that came into existence at the cusp of liberalisation in India need to take into account the rich experience that India’s regulatory framework offers. Public liability therefore needs to cover damages beyond industrial pollution and requires a much more socially accountable grievance redressal design and mechanism,” as was said by an independent legal and policy expert subsequent to the Union Environment Ministry notifying the amendments to Public Liability Insurance Act and Environment Relief Fund Scheme.

Click here to read more!

Budget 2025: Government may raise minimum EPS pension to Rs 7,500

The government is considering increasing the minimum monthly pension for Employees’ Pension Scheme (EPS) pensioners to Rs 7,500. This comes after persistent requests from EPS-95 pensioners who currently receive a meager pension of just Rs 1,000 per month.

Click here to read more!

India-wide campaign kicks off to eradicate child labour

In January 2025, the National Commission for Protection of Child Rights (NCPCR) launched a pan-India campaign to eradicate child labour. The campaign ran from January 10 to March 31, 2025.What was the campaign's goal?

Click here to read more!

Govt must set labour standards, not exploit workers: SC

Context: In Jaggo & Others versus Union of India & Others, Supreme Court criticized misuse of temporary contracts in public institutions, stating that it erodes public trust and undermines justice.

Case Highlights: Four Housekeeping Staff of Central Water Commission were employed on ad hoc terms for over 20 years before abrupt termination in 2018.

Ruling: Supreme Court quashed their termination, ordered reinstatement and directed their regularization.

Click here to read more!


JUDGEMENTS:

No relief when workman abandoned services and joined someone else during pendency of enquiry.

Life Insurance Corporation of India & Ors. v. Om Prakash; CA No. 4393/2010; Supreme Court

Employer can reduce his contribution from over and above the statutory rate back to the ceiling limit.

Satishkumar Induprasad Chaturvedi & Ors. v. SVM institute of Technology & Anr.; R/LPA no. 1028/2019; Gujarat High Court

Retaining allowance is 'basic wages' under the EPF Act.

Maharashtra State Cooperative Cotton Growers Marketing Federation Ltd. v. The Appellate Tribunal, Employees Provident Fund and Anr.; WP. No. 1268/2011; Bombay High Court

Compensation in lieu of reinstatement with back-wages is proper when workman was gainfully employed.

Shri Sharad v. The Chief General Manager, Telecom (R.E.) Project; WP No. 4242/ 2011; Bombay High Court


DID YOU KNOW:

The Family and Medical Leave Act (FMLA) of 1993, as provided by the U.S. Department of Labor, entitles eligible employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons, with continued group health insurance coverage. Employees can take up to 12 workweeks of leave in a 12-month period for the birth or adoption of a child, to care for a spouse, child, or parent with a serious health condition, or if the employee has a serious health condition. Employees can also take leave for a qualifying military exigency. Additionally, employees are entitled to 26 workweeks of leave to care for a covered service member with a serious injury or illness called military caregiver leave.


MUST READ:

Personalized Benefits for the 21st Century Workforce

The 21st-century workplace is vastly different from what it was just a few decades ago. The workforce is more diverse, technology has advanced significantly, and the way we work has changed. As a result, traditional management strategies are no longer as effective as they once were. What are 3 factors that influence the 21st century workplace? These three factors are technology, the rise of the service economy, and globalization, and they drive organizations to seek employees who possess what are called 21st century skills.

Click here to read more!

Is 90 hours a week legal? Here’s what Indian labour laws say about working overtime

Indian labour laws work hours stipulate a 48-hour weekly limit to safeguard employees’ rights. Despite these legal provisions, overwork and poor work-life balance remain widespread issues in India’s workforce, with employees often clocking long hours without fair compensation. The recent comments by industry leaders advocating extended workweeks have reignited debates on employee welfare, mental health, and the implementation of labour laws.

Click here to read more!

Whistleblowing should be heard throughout the system

Workplace whistleblowing occurs when an individual reports wrongdoing in an organisation, such as financial misconduct, exploitation or discrimination. This person is often an employee but can also be a third-party such as a supplier or customer. Internal whistleblowing is when someone makes a report within an organisation. Companies in the EU with at least 49 employees are now legally required to implement internal whistleblowing channels for this purpose so that employees and other stakeholders can speak up if they become aware of misconduct. Employees can also report to their line manager.

Click here to read more!

Interactive AI Interviews are going to become a new norm, expert says: It’s ‘here, it’s real, it’s incorporated’

AI in recruiting is a relatively new phenomenon, but companies are already using it to varying degrees. “It’s definitely here, it’s real, it’s incorporated,” says Brent Orsuga, founder of Pinnacle Growth Advisors, a headhunting a recruitment firm specializing in supply chain and logistics companies. While many companies are opting to use AI as a scheduling and logistical tool in the recruitment process, leading self-recorded interview platforms like Spark Hire and HireVue say they integrate AI into their video screening software. Companies such as Apriora take it a step further, offering AI interviewers capable of conducting real-time, responsive video interviews.

Click here to read more!


Thank You!


要查看或添加评论,请登录

Karma Management Global Consulting Solutions Pvt Ltd的更多文章

社区洞察

其他会员也浏览了