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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Dismisses Writ Petition of Bus Conductor Challenging Dismissal for Misappropriation. Industrial Court's Revision Under Section 44 of MRTU and PULP Act, 1971 Upheld as Labour Court's Reinstatement Order Was Perverse.

The petitioner, Khanderao Punjabrao Mundhe, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) in 1979. On ...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Employee Injured While Boarding Employer's Bus. Insurer Liable as Policy Covered Vehicle and Claimant Was a Passenger Under Motor Vehicles Act, 1988.

The case involves an appeal by the United India Insurance Company against an order of the Motor Accidents Claims Tribunal (MACT), Mumbai, dated 8.10.1...

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Bombay High Court Upholds Labour Court's Finding that Senior Engineer and Engineering Assistant are Not Workmen under Industrial Disputes Act, 1947. Petitioners' Complaints under MRTU & PULP Act Dismissed as Not Maintainable Due to Lack of Workman Status.

The Bombay High Court dismissed two writ petitions challenging the Labour Court's orders dated 23rd July 1999, which held that the Petitioners were no...

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Bombay High Court Upholds Reinstatement of HIV-Positive Driver in MSRTC — Discrimination Based on HIV Status Violates Right to Equality and Right to Life. Termination of Driver Solely on Ground of HIV Positivity Set Aside as Unconstitutional and Contrary to National AIDS Policy.

The petitioner, a driver employed by the Maharashtra State Road Transport Corporation (MSRTC), was terminated from service after being tested positive...

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Bombay High Court Allows Ex-Serviceman's Petition Against MSRTC for Denial of Appointment Under Dependents' Quota. Voluntary Retirement from CRPF Held to Be Retirement, Entitling Petitioner to Consideration Under Government Resolutions of 1980 and 2012.

The Petitioner, Altaf Badshah Mujawar, voluntarily retired from the Central Reserved Police Force (CRPF) on 25th August 2001 while serving as a Soldie...