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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Supreme Court Allows Appeal in Principal Qualification Dispute — Ph.D Not Mandatory Under AICTE Regulations. Court Holds That 2010 AICTE Regulations Provide Alternate Qualifications for Principal Post, and State Rules Providing for Appointment Without Ph.D Are Not Ultra Vires.

The Supreme Court considered appeals against the High Court of Chhattisgarh's order quashing promotions of seven appellants to the post of Principal i...

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Bombay High Court Upholds University Tribunal's Order in Part — Lecturer's Appointment Without NET/SET or Ph.D. Held Invalid, but Salary for Work Done Granted. Minority Institution's Right to Administer Does Not Extend to Appointing Ineligible Candidates Under Maharashtra Universities Act, 1994.

The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hin...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Port Trust's Challenge to Industrial Tribunal Award Setting Aside Disciplinary Enquiry. Enquiry Found Vitiated Due to Violation of Natural Justice and Perverse Findings Under Section 10 of Industrial Disputes Act, 1947.

The Board of Trustees of the Port of Mumbai (Petitioner) challenged an award dated 18th May, 1999 passed by the Presiding Officer of the Central Gover...

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Bombay High Court Dismisses State's Petition Challenging MAT Order Setting Aside Dismissal of Police Constable. Departmental Enquiry Conducted Without Authority of Law Under Bombay Police Act, 1951 Renders Dismissal Void.

The State of Maharashtra and the Commissioner of Police, Navi Mumbai, filed a writ petition challenging an order of the Maharashtra Administrative Tri...

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Bombay High Court Allows Appeal by Zilla Parishad in Labour Dispute — Reinstatement with Back Wages Set Aside Due to Lack of Evidence of Continuous Service. Workman Failed to Prove 240 Days of Service in a Calendar Year Under Section 25-B of Industrial Disputes Act, 1947.

The appellant, the Chief Executive Officer of Zilla Parishad, Latur, challenged the order of a learned Single Judge dated 22.11.2012 in Writ Petition ...

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Bombay High Court Dismisses Petitions Challenging Service Tax on Renting of Immovable Property for Warehousing and Storage. Levy of Service Tax Under Section 65(105)(zzzz) of Finance Act, 1994 on Renting of Immovable Property for Commercial Use is Valid and Constitutional.

The petitioners, including Tulsidas Khimji Warehousing Pvt. Ltd. and others, filed writ petitions challenging the levy of service tax on renting of im...

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Bombay High Court Upholds Retrenchment of Chaukidar by Public Works Department for Non-compliance with Section 25F of Industrial Disputes Act, 1947 — Employer Failed to Pay Retrenchment Compensation at Time of Termination.

The case involves two writ petitions arising from the same order of the Industrial Court, Akola. The petitioner in Writ Petition No.5036/2014, Ganesh ...