Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
State As Employer Must Lead By Example, Can't Demand Undertakings To Deny Lawful Benefits To Employees Violating Constitution: P&H High Court
The Punjab & Haryana High Court held that the State, as an employer, must act as a constitutional model and cannot force employees to sign undertakings that waive statutory rights or deny lawful benefits. The Court criticised executive practices where employees had to relinquish benefits as a precondition for employment or continuance, holding such actions unconstitutional and contrary to service rules. It emphasised that rights under statute or the Constitution cannot be nullified by administrative directives or contractual undertakings. The judgment reiterates that the State must uphold rule of law, ensure parity of treatment, and lead by example in its employer role.