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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

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Bombay High Court Dismisses Employer's Appeal in Workmen's Compensation Case — Employer-Employee Relationship Established. Factory Worker's Right Leg Amputated Due to Machine Accident; Compensation of Rs.5,63,795 with 12% Interest Upheld Under Workmen's Compensation Act, 1923.

The present appeal was filed by original respondent Nos.1 and 2 (Jeev Urja Private Limited and its Executive Director Vasant Kulkarni) challenging the...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher. Termination of a teacher during probation without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without inquiry is illegal.

The petitioner, Pen Shikshan Mahila Samiti, a school management, challenged the judgment and order dated 9.7.1990 passed by the School Tribunal, Pune,...

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Bombay High Court Dismisses Petitions Challenging Termination of Employees Appointed Without Following Statutory Recruitment Rules in Education Sector. Appointments Made Without Approval of Competent Authority and Without Following Reservation Policy Are Void Ab Initio.

The Bombay High Court, Nagpur Bench, disposed of four writ petitions filed by employees challenging their termination from service. The petitioners we...

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Bombay High Court Dismisses Management's Challenge to School Tribunal Order for Reinstatement of Peon in Service Dispute. Termination of Employee Without Prior Approval Under Section 5 of M.E.P.S. Act, 1977 Held Illegal, Reinstatement Upheld.

The judgment pertains to two writ petitions filed by the management of Shubham Bahuuddeshiya Shikshan Sanstha and Swamy Vivekanand High School challen...

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Bombay High Court Allows Petitions Challenging Cancellation of Teacher Appointments Under M.E.P.S. Act — Appointments Made Prior to Qualifying Examination Requirement Are Valid. Cancellation Without Notice Violates Natural Justice.

The judgment concerns a batch of writ petitions filed by teachers whose appointments were cancelled by the Education Officer on the ground that they d...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Rejection of Condonation of Delay in Termination Appeal. Tribunal's Finding of No Sufficient Cause for 18-Month Delay Upheld as Not Perverse Under Article 227 Supervisory Jurisdiction.

The petitioner, a peon in a private school run by respondent No.3, was orally terminated from service on 20th June 1998. He filed an appeal before the...

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Bombay High Court Examines Autonomy of Engineering College and State's Power to Nullify Appointments. Multiple Writ Petitions Challenge Order Terminating 54 Lecturers at College of Engineering, Pune under TEQIP Autonomy.

The case involved three writ petitions before the Bombay High Court concerning the autonomy of the College of Engineering, Pune (CoEP) and the State G...

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Bombay High Court considers legality of State interference in recruitment by an autonomous technical institute. The dispute centers on the scope of autonomy under Government Resolutions and the power of the Board of Governors to make appointments without State oversight.

The College of Engineering, Pune (CoEP), established in 1854, is a premier technical institute. In 2002, under the Technical Education Quality Improve...