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Bombay High Court Quashes Industrial Tribunal Award in Closure Dispute — Burden of Proof Misplaced. Employer's Failure to Rebut Union's Claim Does Not Shift Burden of Proving Workman Status Under Section 25-O of Industrial Disputes Act, 1947.

The petitioner, Siemens Ltd., challenged an award dated 2nd November 2018 passed by the Industrial Tribunal, Aurangabad in Reference (IT) No. 08 of 20...

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Bombay High Court Dismisses Petition Challenging Denial of Promotion Due to Minor Penalty — Government Policy Upheld. Clause B of GR dated 15.12.2017, which denies promotion during currency of penalty, is not violative of Articles 14, 16, and 20(2) of the Constitution.

The petitioner, Mohan Vasantrao Sangvikar, a Sub-Divisional Engineer in the Public Works Department, challenged the order of the Maharashtra Administr...

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Bombay High Court Dismisses Teachers' Association Challenge to Government Circular on Teacher Deployment in Zilla Parishad Schools. Circular dated 6th October 2008 held to be within government's policy-making power and not arbitrary.

The petitioner, Maharashtra Rajya Prathmik Shikshak Samiti, an association of primary teachers, filed a writ petition challenging a Government Circula...

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Bombay High Court Quashes Compassionate Appointment Order Due to Non-Existent Vacancy and Lack of Statutory Scheme. Director's Approval for Appointment of Widow as Peon Set Aside as No Vacancy Existed and No Compensatory Appointment Policy Governed Aided Colleges.

The petitioners, Shikshan Prasarak Mandal and Karmaveer Mahavidyalaya, Mul, challenged an order dated 7.3.2007 passed by the Director of Higher Educat...

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Bombay High Court Allows Public Interest Litigation Against Illegal Hoardings in Aurangabad — Municipal Corporation Directed to Enforce Ban and Revise Advertisement Rates. Defacement of Public Property and Traffic Obstruction Addressed Under Municipal Corporation's Regulatory Powers.

The petitioner, Sunil Pandharinath Jadhav, a resident of Aurangabad, filed a writ petition in public interest before the Bombay High Court (Aurangabad...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Seniority Determination in Teacher Promotion Dispute. Seniority among teachers determined by possession of requisite qualifications at time of recruitment, not by date of initial appointment.

The petitioner, Vasant Babanrao Palkandwar, was appointed as an Assistant Teacher on 01.09.1982 with qualifications S.S.C. and D.Ed. (2 years course)....

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Bombay High Court Quashes AICTE Closure Order for Retrospective Application of Norms and Violation of Natural Justice. AICTE's Approval Process Handbook Norms Cannot Be Applied Retrospectively to College Established in 1992.

The case involves a college established by a Trust in 1992 with initial approval from AICTE. The college expanded and shifted its campus over time. Af...

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Bombay High Court Quashes FIR in Share Dispute Due to Civil Nature. Dispute over share purchase agreement held to be purely contractual, not constituting criminal breach of trust or cheating under Sections 406, 420, 120B IPC.

The petitioners, Rohan Dukle and Sudhir Gudal, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Cri...