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Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Refusal to Condone Delay in Appeal Against Termination. Petitioner's Multiple Forums and Unexplained Delay of Over Three Years Justified Rejection of Condonation Application.

The petitioner, Popat Sitaram Godge, was terminated from service on 22.05.1994 by the respondent educational institution. Instead of filing an appeal ...

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Bombay High Court Allows Land Acquisition Reference Despite Delay, Holding That Limitation Runs From Actual Knowledge of Award. Notice Under Section 12(2) of Land Acquisition Act, 1894 Must Be Served on Person Interested; Service on Wife or Heir Is Sufficient.

The case involves two Civil Revision Applications filed by land owners whose lands were acquired for the Vang Irrigation Project in Satara, Maharashtr...

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Bombay High Court Dismisses Petitions Challenging Tribunal's Refusal to Condone Delay in Service Termination Appeals. Delay of 259 Days Not Sufficiently Explained, Tribunal's Discretion Upheld.

The petitioners were employees of Respondent No.2 Institution and worked at Respondent No.3 College until their termination on 17.04.2012, communicate...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Condoned Delay in Filing Review Application and Dismissed Review as Not Maintainable Against Order Directing Reinstatement of Employee Whose Caste Claim Was Invalidated. The Court Held That Review Lies Only for Error Apparent on Record, Not for Reappreciation of Evidence.

The judgment pertains to Civil Application No. 1168 of 2015 filed by the Chief Executive Officer, Zilla Parishad, Gondia and the Medical Officer, Prim...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Charity Appeal — Sufficient Cause Established for 58-Day Delay Under Maharashtra Public Trusts Act. Joint Charity Commissioner's Discretion Upheld as No Error Found in Considering Evidence of Sufficient Cause.

The petitioners, members of Shrinath Education Society, challenged an order passed by the learned Joint Charity Commissioner condoning a delay of 58 d...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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Bombay High Court Allows Restoration of Complaint Dismissed in Default in Labour Dispute — Emphasizes Liberal Approach Over Hyper-Technicality. Delay of 85 Days Condoned, Restoration Application Rejected on Merits Without Considering Conduct or Prejudice.

The petitioner, Shri Sakharam Ashruba Sanap, filed a complaint (ULP No. 78 of 2001) before the Labour Court challenging his termination from employmen...

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Bombay High Court Allows Condonation of Delay in School Tribunal Appeal — Liberal Approach Required for 12-Day Delay Under Section 9 of M.E.P.S. Act. The Court set aside the Tribunal's order rejecting condonation of delay and directed the Tribunal to decide the appeal on merits.

The petitioner, Deepak Jagannath Suryawanshi, was an employee of a private school run by respondent No.1 trust. He was aggrieved by an order of termin...