Bombay High Court on Reinstatement and Compliance with Tribunal Orders in College Employment Dispute.

Headnote:

The Bombay High Court dismissed the writ petition filed by Suman Educational Trust and upheld the order of the Mumbai University and College Tribunal in Contempt Application No. 05 of 2019. The Tribunal had directed reinstatement of the respondent employee with 50% back wages, costs, and a daily penalty for non-compliance. The Court held that the petitioners willfully defied multiple judicial orders and undertakings by failing to reinstate the employee in the Degree College Section. The petitioners’ plea that the respondent belonged to the Polytechnic Section was termed an afterthought. The Court directed reinstatement in the Degree College with continuity of service and payment of arrears of ₹6.95 lakh within four weeks, failing which interest at 12% per annum would apply. The Court refused to stay the order, citing deliberate disobedience and abuse of the judicial process.

Background:

• The respondent was appointed on 04.08.2014 as Workshop Instructor (Welder) in the Degree Section of the petitioner’s Mechanical Engineering Department.

• His services were terminated on 05.05.2018 for alleged misconduct.

• On appeal, the Mumbai University and College Tribunal set aside the termination on 15.03.2019, ordering reinstatement with full back wages and ₹20,000 costs.

• The petitioners failed to comply, leading to Contempt Application No. 02 of 2019, where they gave an undertaking and made partial payments but did not reinstate him.

• The respondent then filed Contempt Application No. 05 of 2019, alleging continued non-compliance. The Tribunal again ordered reinstatement and directed payment of 50% back wages for 13.07.2019–06.04.2022, costs of ₹10,000, and ₹500/day penalty for delay.

• The petitioners challenged this order in the present writ petition, arguing that the employee belonged to the Polytechnic Section and had refused to perform duties.

Court’s Observations:

• The Tribunal’s order dated 15.03.2019 had attained finality as it was never challenged; thus, compliance was mandatory.

• The petitioners’ claim of the respondent’s appointment in the Polytechnic Section was belated, unsupported, and contrary to records such as salary slips and exam duty orders confirming Degree College employment.

• Despite undertakings before both the Tribunal and High Court (in 2022 and 2023), the petitioners failed to reinstate the respondent as directed.

• The reinstatement letter dated 02.05.2023 wrongly placed the employee in the Polytechnic Section, violating the Tribunal’s and High Court’s orders.

• The Court held that the petitioners’ conduct amounted to wilful disobedience and contemptuous disregard of judicial orders.

• The Court upheld the Tribunal’s order, directing payment of ₹6,95,750 (including arrears, penalty, and costs) and ordered reinstatement in the Degree College Section with continuity in service and consequential benefits.

• The Court rejected the request for stay, citing the petitioners’ repeated defiance and lack of bona fides.

Legal Provisions Discussed:

• Article 226, Constitution of India – High Court’s writ jurisdiction.

• Contempt of Courts Act, 1971 – Disobedience of judicial orders and undertakings.

• Principles of Natural Justice – Compliance with binding judicial and quasi-judicial directions.

Citation: 2025:BHC-AS:44913

Case: Ajay Dilip Kapoor, President, Suman Educational Trust & Anr. v. Bhagat Mahesh Bhaga & Ors.

Court: High Court of Judicature at Bombay

Coram: Justice Milind N. Jadhav

Reserved On: 30 July 2025

Writ Petition No.: 11161 of 2022