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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher on Grounds of Surplusage Under Rule 26 of MEPS Rules. Termination Held Illegal as Procedure Not Followed and Earlier Tribunal Order Binding.

The petitioner, Nitin Panjabrao Phalke, was appointed as an Assistant Teacher in a school run by respondent no.2 society with effect from 23.6.1992. H...

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Bombay High Court Examines Challenge to Government Resolutions Granting Protection to Employees with False Tribe Certificates. Petitioners Argue That Such Resolutions Violate Constitutional Provisions and Statutory Mandate Regarding Withdrawal of Benefits Obtained Through False Certificates.

The petitioner, an advocate and president of the Tribal Rights Protection Committee, filed a writ petition before the Bombay High Court challenging th...

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Bombay High Court Partly Allows Teacher's Petition Against Suspension Direction in School Tribunal Order. School Tribunal Exceeded Jurisdiction by Ordering Suspension Pending Enquiry; Management's Prerogative to Suspend Not Subject to Tribunal Direction.

The petitioner, a confirmed assistant teacher employed since 1995, had her services terminated on 5 July 2010 without any disciplinary enquiry. She ap...

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Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

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Bombay High Court Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Allows Appeal in Service Termination Case — Reinstatement with Back Wages Upheld. College Tribunal's order setting aside termination of lecturer for lack of approval from University and Education Officer was valid under Maharashtra Universities Act, 1994.

The appellant, Mahadeorao Ramchandra Khadatkar, was appointed as a lecturer in economics at Dr. Punjabrao Deshmukh Arts and Commerce (Evening) College...

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Bombay High Court Quashes Termination of Anti-Dumping Investigation in Seamless Tubes Case — Designated Authority Failed to Provide Opportunity of Hearing Before Terminating Investigation Under Customs Tariff Rules, 1995.

The petitioner, M/s. ISMT Limited, a manufacturer of seamless tubes and pipes, filed an anti-dumping application before the Designated Authority alleg...