The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, an employee who completes the prescribed probation period is deemed to have acquired permanency—In this case, an Assistant Teacher was orally terminated without notice or an opportunity of hearing, which amounted to a violation of the principles of natural justice—Evidence such as the seniority list and inspection reports established that the teacher had rendered continuous service and had attained deemed permanency—The School Tribunal therefore ordered reinstatement with continuity of service and consequential benefits—The matter was earlier remanded by the High Court for fresh consideration due to denial of hearing—However, despite receiving notice and multiple opportunities, the management failed to participate in th...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 18 and 37 impose strict conditions for granting bail in cases involving commercial quantities of narcotic substances—Section 37 makes bail difficult because the court must be satisfied that the accused is not guilty and will not commit any offence while on bail—However, courts have recognized that the right to a speedy trial, which forms part of Article 21 of the Constitution of India, cannot be ignored—In cases of prolonged delay in trial and extended incarceration, continued detention may violate the accused’s fundamental rights—The court held that excessive pre-trial imprisonment effectively becomes punitive rather than preventive—Therefore, the strict rigors of Section 37 may be diluted when the trial is unduly delayed—Accordingly,...

A. Administrative Law—Blacklisting—Petitioners banned from carrying out fumigation treatments under NSPMs-12 and 22 without prior notice or hearing—Clause 2.5 of NSPM-12 requires issuance of show cause notice and suspension thrice within five years before blacklisting—No suspension recorded for petitioners—Held, blacklisting order quashed for violation of natural justice and statutory guidelines. [Paras 5, 15, 28–29] B. Criminal Law—Presumption of innocence—Petitioners involved in ongoing criminal proceedings—Court held that presumption of innocence applies until guilt is proven after proper trial—Blacklisting based solely on allegations without adjudication impermissible. [Paras 17, 19, 28] C. Principles of Natural Justice—Blacklisting and banning without fair hearin...

A. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8—Dependents and legal heirs—Original claimant deceased during pendency of proceedings—Claim initiated by deceased dependent survives and may be continued by legal representatives or heirs—Legal heirs need not independently qualify as dependents to be impleaded and pursue the claim. [Paras 12–18] B. Employees Compensation Act, 1923—Sections 4 and 8—Welfare legislation—Objective to provide financial relief for employment-related accidents—Claim should not extinguish merely due to claimant’s death during pendency—Legal representatives permitted to step into claimant’s place to ensure justice and fulfill purpose of Act. [Paras 19] C. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8&...

A. Industrial Disputes Act, 1947—Sections 10(1)(c), 12(5), 25B and 25F—Workman entitled to protection against illegal termination—Petitioner employed as sweeper for over 11 years, alleged payment below minimum wages, harassment, and termination without notice or retrenchment compensation—Reference made by Deputy Commissioner of Labour for adjudication of reinstatement and back wages. [Paras 2–4, 11–14] B. Evidence and burden of proof—Muster rolls, salary vouchers, duty list, and oral testimony produced as secondary evidence—Labour Court allowed reliance on such evidence, drawing adverse inference against respondent for non-production of records—Respondent denied employer-employee relationship; court held existence of employment relationship established on preponderance of probabilit...

A. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Third party filed affidavit denying liability under Section 8F(3)(vi)—Held, statutory protection afforded to such affidavit—Authority cannot compel payment unless it proves that the sworn statement was false in a material particular—Burden of proof lies on the authority; suspicion alone insufficient. [Paras 19–21] B. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Authority must demonstrate that third party either owes money to employer or holds money for/on behalf of employer—Legal relationship under which funds are held must be real and identifiable—Recovery cannot be based solely on suspicion. ...

A. Commercial Courts Act, 2015—Section 2(1)(c)(vii)—Commercial dispute—Suit arising out of agreement concerning immovable property used exclusively for trade or commerce—Plaintiff acknowledged existence of registered lease deed and accepted rent/occupation charges after expiry of lease—Issue involved interpretation of lease deed and jural relationship between parties—Held, suit qualifies as commercial dispute under Section 2(1)(c)(vii). [Paras 18, 24–29] B. Transfer of Property Act, 1882—Section 106—Lease agreement post notice under Section 106—Determination of jural relationship between landlord and tenant—Plaintiff claimed eviction of defendants as trespassers but referred to registered lease deed—Held, lease agreement must be interpreted to decide nature of rela...

A. Arbitration and Conciliation Act, 1996—Section 34—Challenge to arbitral award—Tribunal relied on personal knowledge and expertise instead of material evidence—Held, such reliance violates fundamental policy of Indian law and principles of natural justice—Arbitral tribunal must adjudicate solely on evidence produced by parties and in accordance with contract terms. [Paras 17–59] B. Arbitration and Conciliation Act, 1996—Section 18—Equal treatment of parties—Tribunal applied double standards by accepting appellant’s pre-retrieval reports and discarding respondent’s post-retrieval reports without valid justification—Delay in producing reports corresponded with retrieval of Tunnel Boring Machine (TBM)—Violation of Section 18 observed. [Paras 61–71] C....

A. Administrative Law—Canal Construction and Technical Expertise—Challenge to the alignment and execution of a canal project under the Rajeev Gandhi Sanwardhan Scheme was raised by appellants, contending that the project adversely affected them—The Court held that determination of whether the canal should follow a straight or curved alignment falls within the domain of technical experts—In the absence of arbitrariness, mala fide intent, or illegality, judicial interference is not warranted—The Detailed Project Report (DPR) was prepared following proper technical assessment and approved by competent authorities—The appellants failed to demonstrate any infringement of their fundamental rights—The dismissal of the writ petition by the Single Judge was upheld. [Paras 7–8] B. Administrative L...

A. Constitution of India, 1950—Article 226—Judicial review of tender process—Rejection of technical bid for non-compliance with prescribed format for Pre-Contract Integrity Pact—Tender authority entitled to insist on strict adherence to terms and conditions of Notice Inviting Tender (NIT)—Rejection not arbitrary or irrational; court’s review limited to arbitrariness, mala fide, or discriminatory decisions. B. Government Order dated 27.11.2014—Tender process—Clause (iv) addresses scenario where multiple bids are received but only one qualifies technically—Such situation does not amount to a "single tender"—Financial bid of technically qualified bidder can be opened and considered—Award of work to sole qualified bidder held valid and not contrary to government or...