Sunday, February 23, 2014

Legal issues.. distance education/ correspondence course validity for promotion in government service..

Can a person obtained a degree through distance education program discriminated from other regular courses?

The division bench of Kerala High Court [Kerala v. Thulasibai] held that there is no difference between Post graduate degree obtained by attending regular course and the one obtained through Correspondence/Distance Education Programmes while considering a candidate for promotion in Government Service.

Thursday, February 20, 2014

HOSPITALS ARE "SHOPS" UNDER Kerala Shops & Commercial Establishments Act.

UNDER Kerala Shops & Commercial Establishments Act.

In Lourdes Hospital v. Dr. Abraham Mathew, 2013 (4) KHC 347, the Kerala High Court held that a Hospital, even if it is involved only in charity work, comes within the definition of a ‘Shop’ under Section 2(15) of the Kerala Shops and Commercial Establishments Act, 1960. The court was dealing with the question of payment of gratuity to a superannuated employee. Relying on the definition of the Shop, the court held that Payment of Gratuity Act, 1972 adopts the definition of ‘Shop’ by reference and all establishments which were covered by the definition at the time of adoption, remains covered under the Gratuity Act.