Bombay High Court on Reinstatement of College Instructor and Wilful Disobedience of Tribunal Orders.

The Bombay High Court dismissed the writ petition filed by Suman Educational Trust and upheld the order of the Mumbai University and College Tribunal directing reinstatement of the respondent employee with 50% back wages and costs. The Court found that the petitioners had willfully defied binding judicial orders and dishonoured undertakings given before both the Tribunal and the High Court. Holding that the plea regarding the respondent’s alleged employment in the Polytechnic Section was an afterthought, the Court directed reinstatement in the Degree College Section with continuity of service and consequential benefits. The petitioners were ordered to pay arrears of ₹6.95 lakh within four weeks, failing which interest at 12% per annum would accrue. A request for stay of the judgment was rejected owing to persistent non-compliance by the petitioners.

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

• His services were terminated on 05.05.2018 for alleged misconduct.

• On appeal, the Mumbai University and College Tribunal, by order dated 15.03.2019, set aside the termination and directed reinstatement with full back wages, continuity of service, and costs of ₹20,000.

• The petitioners failed to comply, compelling the respondent to file Contempt Applications. Though the petitioners paid part dues and gave undertakings to reinstate, they repeatedly defaulted.

• In Contempt Application No. 05 of 2019, the Tribunal again directed reinstatement and ordered payment of 50% salary for the period 13.07.2019–06.04.2022, with costs of ₹10,000 and a penalty of ₹500 per day for delay.

• Aggrieved, the petitioners filed the present writ petition, arguing that the employee was a Polytechnic instructor and had refused duty assignments.

• The order dated 15.03.2019 attained finality as it was never challenged by the petitioners.

• Despite undertakings before both the Tribunal and the High Court, the petitioners failed to reinstate the respondent in the Degree Section.

• The new claim that the respondent belonged to the Polytechnic Section was belated and baseless, unsupported by records or earlier pleadings.

• The Court held that the petitioners’ conduct amounted to wilful disobedience and abuse of judicial process.

• It reaffirmed the Tribunal’s order and found no merit in the petitioners’ allegations of non-cooperation by the respondent.

• The Court directed payment of ₹6.95 lakh arrears and reinstatement in the Degree College Section with continuity in service and all benefits.

• The prayer for stay of judgment was rejected, given the petitioners’ persistent defiance of judicial orders.

• Article 226, Constitution of India – Writ jurisdiction of High Courts.

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

• Principles of Natural Justice – Compliance with binding Tribunal directions.

Citation: 2025:BHC-AS:44913

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

Court: High Court of Bombay

Coram: Justice Milind N. Jadhav

Writ Petition No.: 11161 of 2022