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Bombay High Court Allows Employer to Hold Fresh Enquiry After Termination Set Aside for Breach of Natural Justice. Reinstatement Ordered but Back wages Made Dependent on Outcome of Fresh Enquiry.

The petitioner, Sanjeevan Gramin Vaidyakiya & Samajik Sahayata Pratisthan, challenged an order dated 23.12.2011 passed by the learned Presiding Office...

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Bombay High Court Upholds School Tribunal's Order of Reinstatement and Backwages for Teacher Terminated from Reserved Vacancy. Termination of Teacher Without Prior Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Held Illegal.

The judgment concerns two writ petitions arising from the same dispute between a school and a teacher. The teacher was employed in the school from 7 D...

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Bombay High Court Dismisses Writ Petition Challenging Termination Due to Abolition of Post in Government Company. Abolition of Post is a Management Decision Not Requiring Natural Justice, and Government Company Not 'State' Under Article 12 for Service Disputes.

The petitioner, Shri R.D. Avhad, was employed by the Maharashtra State Farming Corporation Ltd., a government company under the Companies Act, 1956, w...

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Bombay High Court Allows Writ Petition for Enhanced Retirement Age and Arrears Under Settlement. Industrial Court's dismissal of complaint set aside; petitioners entitled to retirement at 58 years and arrears from 01.07.2008.

The petitioners, five individuals who were members of the Bosch Chassis Kamgar Sanghatana (respondent no.2 union), filed a writ petition before the Bo...

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Bombay High Court Dismisses Appeal of Headmaster Challenging Termination — Termination Upheld Despite Interim Orders Allowing Continued Service. Enquiry Committee Validly Constituted and School Tribunal Exceeded Jurisdiction in Reappreciating Evidence.

The appellant, Dadarao Lakkhuji Dambhare, was a Headmaster employed by respondent no.1, Rashtraseva Samaj, a registered public trust. He was terminate...

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High Court Allows Management’s Petition Against Tribunal’s Order Restoring Head of Department Position. Changing Head of Department is not Reduction in Rank as HoD is not a Substantive Post.

The dispute involved a private medical college trust and its faculty over the headship of the Department of Medicine. Dr. Manohar Pisolkar, the respon...

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High Court Dismisses Management’s Appeal in Shikshan Sevak Appointment Dispute, Upholds Direction for Reconsideration of Approval Due to Invalid Rejection Reason and Management’s Own Wrong in Selection Process

The appellant, an educational institution, challenged the order of the single judge who had allowed the writ petition filed by the respondents, two Sh...

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High Court of Bombay Considers Chamber Summons for Amendment of Execution Application to Enforce Foreign Award Against Additional Respondents. Award Holder Seeks to Hold Associate Companies and Directors Liable for Alleged Asset Stripping to Defeat Award Recovery.

The matter concerned a Chamber Summons filed by the Award Holder in an Execution Application seeking leave to amend the application to enforce a forei...

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Supreme Court Dismisses Challenge to Repeal of University Act — State's Power to Repeal Upheld as Reasonable Classification Under Article 14. Heritage Protection Justifies Singling Out Khalsa University for Repeal, Not Arbitrary.

The Supreme Court dismissed the appeal challenging the constitutional validity of the Khalsa University (Repeal) Act, 2017, passed by the Punjab Legis...