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High Court Adjudicates Petition by Retired Employee Against Continuation of Departmental Enquiry Due to Absence of Enabling Provision in MAIDC Service Rules. Enquiry Initiated for Alleged Irregularities in Fertilizer Distribution Continued After Employee's Retirement, Challenged as Impermissible Without Specific Provision in Service Rules....

The petition arose from a dispute about continuing a departmental enquiry after the petitioner's retirement on superannuation. The petitioner, a former Regional Manager of Maharashtra Agro Industries ...

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Bombay High Court Allows Retired Employee's Challenge to Continuation of Departmental Enquiry; Rules No Provision to Continue Enquiry After Superannuation. Employee Entitled to Full Retiral Benefits as MAIDC Rules Do Not Permit Post-Retirement Disciplinary Proceedings....

The petitioner, a former Regional Manager of the Maharashtra Agro Industries Development Corporation Limited (MAIDC), filed a writ petition seeking to quash a departmental enquiry initiated against hi...

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Bombay High Court Allows Writ Petition Challenging Transfer Order in Service Law — Transfer Order Quashed for Non-Compliance with Government Resolution Requiring Minimum Tenure. Petitioner's Transfer Before Completion of Two-Year Tenure Violated Government Resolution Dated 15-06-2013, Which Mandates Minimum Two-Year Posting Unless Exceptional Circumstances Exist....

The petitioner, Ashok S/o Bhika Hirole, was serving as a Health Worker at the Primary Health Centre, Kurha, Taluka Muktainagar, District Jalgaon. He filed a writ petition challenging his transfer orde...

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Bombay High Court Allows Writ Petition of Village Panchayat Clerk Denied Absorption Despite Seniority. Court directs absorption with age relaxation, holding that discrimination in supersession of seniority without justification violates service law principles....

Background: The petitioner, serving as a clerk in a Village Panchayat since 1987, sought absorption into the Zilla Parishad service. The Zilla Parishad prepared seniority lists annually for absorbing ...

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High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case — Employer-Employee Relationship Not Established. Commissioner's finding of employment reversed as no evidence of deceased working as Hamal under respondent No.3 at the time of accident under Section 30(1) of Workmen's Compensation Act, 1923....

The appeal was filed by the National Insurance Company under Section 30(1) of the Workmen's Compensation Act, 1923, challenging the order dated 16.11.2007 passed by the Commissioner for Workmen's Comp...

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Bombay High Court Quashes Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986 — Collector's Order Set Aside for Violation of Natural Justice and Lack of Proper Inquiry. The Court held that the Collector must afford a hearing before disqualifying elected members under Sections 3(1)(a) and 3(1)(b) of the Act....

The petitioners, four councillors of the Municipal Council, Shegaon, challenged an order passed by the Collector disqualifying them under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authorit...

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Bombay High Court Upholds Reservation for In-service Candidates in Postgraduate Medical Courses — State Government's Policy of Granting Weightage to In-service Candidates for 50% of Seats in Government Medical Colleges Held Valid and Not Violative of Article 14 or 16 of the Constitution....

The petitioners, who were candidates for admission to postgraduate medical courses in Maharashtra, challenged the State Government's policy of granting 50% weightage to in-service candidates for admis...

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Bombay High Court Dismisses Arbitration Petition Challenging Arbitrator Appointment Under Section 12(5) of Arbitration Act — Petition Held Not Maintainable as Remedy Lies Before Arbitral Tribunal Under Section 13....

The petitioner, Gwaldas Mundra, filed an Arbitration Petition (L) No.863 of 2016 in the Bombay High Court under Section 12(5) read with Section 14 of the Arbitration and Conciliation Act, 1996. The pe...