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Supreme Court Allows Appeal of Contractual Employee Against Non-Extension of Contract — Order Held Stigmatic Requiring Enquiry. Termination Based on Unsatisfactory Work Grounds, Preceded by Allegations of Misconduct, Cannot Be Passed Without Following Principles of Natural Justice.

The Supreme Court allowed the appeal filed by Swati Priyadarshini against the State of Madhya Pradesh and others, setting aside the Division Bench jud...

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Bombay High Court Allows Management's Petition and Upholds Termination of Probationary Teacher for Unsatisfactory Performance Under Section 5(3) of MEPS Act, 1977. Compliance with Rules 14 and 15 of MEPS Rules, 1981 is Mandatory for Valid Termination.

The judgment involves two writ petitions arising from the same order of the School Tribunal dated 28.01.2014 in Appeal No.11/2008. The petitioners in ...

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Bombay High Court Allows Petitions by Employer in Unfair Labour Practice Cases Due to Lack of Territorial Jurisdiction. Labour Court at Mumbai Held to Have No Jurisdiction Over Employees Working Outside Mumbai Under MRTU & PULP Act, 1971.

The petitioners, M/s. Abbott Healthcare Private Limited and others, filed three writ petitions challenging identical orders passed by the Industrial C...

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Bombay High Court Allows Appeal in Service Termination Case — Stigmatic Termination Without Enquiry Invalid. Termination Order Based on Allegations of Misappropriation Requires Regular Enquiry Under Maharashtra Universities Act, 1994.

The appellant, Ku. Jaya Maturkar, was appointed as a full-time Lecturer in Home Economics on a temporary basis by the Wainganga Babuudesshiya Vikas Sa...

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Bombay High Court Dismisses Petitions of Assistant Teachers Challenging Termination, Upholds School Tribunal's Decision. Termination for Unauthorized Absence and Abandonment of Service Upheld as Management's Action Not Vitiated by Procedural Irregularities.

The judgment pertains to three writ petitions filed by assistant teachers challenging their termination from service by the school management. The pet...

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Bombay High Court Dismisses Management's Petition Challenging School Tribunal's Order Setting Aside Supersession of Senior Teacher for Headmistress Post. Appointment of Junior Teacher Based on Interview Without Following Seniority-Cum-Merit Under MEPS Act and Rules Held Invalid.

The petitioner, Mahila Samiti Trust, runs an educational institution. Respondent No.1, Smt. Kiran Sham Shivnani, was appointed as an Assistant Teacher...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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Supreme Court Dismisses Respondent's Claim of Reduction in Rank, Holds Mere Reversion from Officiating Post Not Violative of Article 311(2) of the Constitution of India. The Court distinguished Vaikunthe's case, finding that reversion without permanent bar to promotion does not attract Article 311(2).

The case arose from the Southern Railway where the respondent, S. Raghavendrachar, was originally employed as a Train Examiner in the pay scale of Rs....