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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 State's Petition Challenging Commissioner's Stay on Compulsory Retirement of Disabled Employee. Commissioner under Disabilities Act lacks jurisdiction to interfere with compulsory retirement order under Rule 10(4)(b) of Maharashtra Civil Services (Pension) Rules, 1982.

The State of Maharashtra filed a writ petition challenging the order of the Commissioner appointed under the Persons with Disabilities (Equal Opportun...

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Bombay High Court Upholds CAT Order in Colour Blindness Case — Termination of Driver Violates Section 47 of Disabilities Act. Employer Cannot Discharge Employee Who Acquired Disability During Service; Must Provide Alternative Post or Retain with Same Pay.

The Union of India and other petitioners challenged an order of the Central Administrative Tribunal (CAT) dated 24.02.2011 which allowed the Original ...

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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Petition Challenging Caste Certificate Verification Order Under Maharashtra SC, ST, DNT, OBC Act, 2000. Services of Employee Claiming Dhangar Caste Not Protected Due to Invalid Caste Certificate and Government Resolution.

The petitioner, Harshalata Sudhakarrao Dhawale, filed a writ petition challenging an order dated 15th March 2013 passed by the Divisional Commissioner...

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Bombay High Court Allows Writ Petition Challenging Termination of Visually Impaired Employee Under Persons with Disabilities Act, 1995. Termination Based on Pre-Act Medical Report Held Invalid as Employer Failed to Consider Alternative Employment Under Section 47 of the Act.

The petitioner, Ashok Dhondu Ahire, was appointed as a Peon on 28/04/1981 and later worked as a Messenger. By letter dated 22/09/1987, the Board of Re...