nThe government sanctioned urgent temporary appointment of several nurses on consolidated salary. One nurse applied for and remained on maternity leave till the baby’s birth. But she was denied leave on the basis of an order dated October 10, 2001, which made temporary employees disentitled to consolidated salary. The nurse filed a writ petition on the basis of a government order dated February 2, 1955, that entitled temporary nurses to such leave. The Rajasthan High Court ruled in the nurse’s favour (Neetu Chowdhury vs State of Rajasthan).
A workman was showcaused for habitual absence. He replied to the notice but was fired under Section 20 (1) of the Certified Standing Orders by which an employee can be discharged form service by giving a month’s notice or salary. The employers hadn’t even held an enquiry against the workman. The labour court directed reinstatement with back-wages, but the employers challenged the order. The Allahabad High Court upheld the labour court’s order and said that the termination violated natural justice and the fundamental rights of the workman (M/s Wheels India Ltd vs State of UP and others).
The Kerala Preservation of Trees Act prohibits cutting, uprooting, and burning of trees in private notified forests, areas under cardamom cultivation and other notified areas to preserve tree growth. A person applied for exemption of the provision in a private forest within the notified area. He said that the Act was meant to preserve tree growth in the wild and didn’t apply to plantations. The Kerala High Court held that the term ‘tree growth’ would include any tree specified in the notification. The term should be read in the broader perspective of the Act’s aim to protect timber wealth and prevent soil erosion (Balakrishna Nair vs Government of Kerala).
SOLON
