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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...

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Bombay High Court Upholds Reinstatement of Daily Wage Worker Without Back Wages in Municipal Service. Labour Court's Order of Reinstatement Without Back Wages Upheld as Just and Proper Under Industrial Disputes Act, 1947.

The case pertains to a Letters Patent Appeal filed by Shirur Nagar Parishad (the Appellant) challenging the judgment and order dated 2nd July 2007 in ...

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Bombay High Court Dismisses Petitions Challenging Termination of Contractual Employees in Backward Area Development Scheme. Services of Engineers, Accountants, and Data Entry Operators were not regularized as they were engaged on contract basis without following constitutional recruitment process.

The petitioners were appointed on contract basis as Engineers, Accountants and Data Entry Operators under a scheme framed by the Union of India and im...

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Bombay High Court Allows Writ Petition of Teacher Dismissed for Lack of Qualification, Holds Termination Void for Non-Compliance with Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination Order Issued Without Notice or Authority Set Aside, Petitioner Entitled to Reinstatement with Back Wages.

The petitioner, Smt. Mangala d/o Keshav Mule, was appointed as an Assistant Teacher on 01.06.1987 by the Manav Samaj Unnati Mandal, a private school. ...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Probationer Teacher. Rule 16(2) of MEPS Rules Mandates Notice Before Concluding Voluntary Abandonment of Employment.

The petitioner, Magasvargiya Shikshan Sanstha, a school management, challenged the judgment and order dated 24.9.2015 of the School Tribunal, Aurangab...

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Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

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Bombay High Court Allows Writ Petitions Challenging Cancellation of Caste Certificates of Scheduled Tribe Employees. Held that Scrutiny Committee must provide opportunity of hearing and consider all relevant material before invalidating caste claims.

The judgment concerns multiple writ petitions filed by employees of the State of Maharashtra whose caste certificates (claiming Scheduled Tribe status...

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Bombay High Court Allows Writ Petitions of Retrenched Daily Wagers Challenging Termination Without Compliance with Section 25-F of Industrial Disputes Act. Appointments for 11-month periods without indicating temporary nature deemed regular, termination illegal.

The petitioners, Arun Rambhau Phatak and Sarjirao Mahadeo Bhalerao, were working as Helpers to Cooks on a daily wage basis from 1984 to 2001 at Mahatm...

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Bombay High Court Allows State's Petition in EGS Watchman Termination Case — Project-Based Employment Does Not Confer Permanent Status. Completion of 240 days under Employment Guarantee Scheme does not create a right to permanency or protection under Section 25-F of Industrial Disputes Act, 1947.

The State of Maharashtra and its officers filed a writ petition challenging the judgments of the Labour Court and Industrial Court which had held that...

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Bombay High Court Dismisses PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...