Labour Law – Regularization / Permanency – Municipal Corporation Employees – Safai Karmacharis engaged as substitutes/daily wagers for long periods sought permanency on completion of 240 days of service per calendar year under Clause 4(C) of Model Standing Orders – Industrial Court granted declaration of unfair labour practice and directed proposal for permanency – Held: Claim of regularization not maintainable in absence of sanctioned vacant posts and appointments made dehors statutory recruitment procedure [Paras 21, 37–41].

Model Standing Orders – Clause 4(C) – Applicability to Municipal Corporations – Mere completion of 240 days’ service does not confer right of permanency – Applicability of MSO subject to appointment being against duly sanctioned post and in accordance with Municipal law – Division Bench precedents binding – Industrial Court erred in mechanically applying Clause 4(C) [Paras 30–35].

Unfair Labour Practice – Items 6 & 9, Schedule IV – Continuation of workers as daily wagers cannot per se amount to unfair labour practice when no sanctioned posts exist – Failure to regularize employees not appointed against sanctioned posts does not constitute unfair labour practice – Declaration by Industrial Court unsustainable [Paras 38–40].

Public Employment – Creation of Posts – Judicial Limits – Creation or sanction of posts lies exclusively within executive domain – Courts and Industrial/Labour Courts lack jurisdiction to direct creation of posts or mandate regularization policy – Reliance placed on Umadevi, MSRTC v. Casteribe, Ilmo Devi, CEO, ZP Thane [Paras 11–13, 26–29].

Conflicting Supreme Court Precedents – Principle of Precedence – Judgments emphasizing “perennial nature of work” relied upon by workmen contrasted with earlier binding precedents requiring existence of sanctioned posts – Correctness of ONGC v. PCLU doubted and referred to larger Bench – Held: Earlier consistent line of authority requiring sanctioned posts must prevail [Paras 24–27].

Government Policy – Supernumerary Posts – State Government created 4407 supernumerary posts and regularized services of Safai Karmacharis on completion of 20 years – Appointment orders issued excluding benefit of past service – Held: Policy decision cannot be interfered with by Industrial Court; workers not entitled to invoke MSO 4(C) to seek earlier regularization [Paras 39–40].

Individual Complaints – Maintainability – Individual complaints under MRTU & PULP Act maintainable in absence of recognized union – However, relief depends on substantive entitlement, which was lacking in present case [Paras 8–9].

Decision: Writ Petitions allowed – Impugned judgments and orders dated 30.09.2024, 01.10.2024 and 10.10.2024 passed by Industrial Court, Nagpur in Complaint ULP Nos. 413 of 2015 and connected matters quashed and set aside – Complaints dismissed – Writ Petition Nos. 4967 of 2023 and 4968 of 2023 dismissed – No entitlement to permanency on completion of 240 days in absence of sanctioned posts.

Civil Law - Execution Proceedings – Ad Interim Injunction – Scope of Power of Executing Court – Executing Court granted ex parte ad interim injunction restraining decree-holder from disturbing possession of third party/licensee – Held: Executing court cannot practically grant an automatic stay of execution in absence of stay from appellate court – Filing of appeal does not amount to stay – Order held perverse and contrary to law [Paras 13, 26].

Order 21 Rules 97–103 CPC – Obstruction by Third Party – Nature of Right Required – Opposite Party No.1 entered premises as licensee under dealership agreement with judgment-debtor – Dealership agreement expressly negatived any right, title or interest or exclusive possession – Held: Licensee under judgment-debtor cannot claim independent right or hostile title to resist execution – Executing court erred in treating such party as having prima facie independent rights [Paras 14–15].

Natural Justice – Grant of Ex Parte Injunction – Prima Facie Case, Balance of Convenience and Irreparable Injury – Ingredients not satisfied – Executing court failed to assess nature of possession, absence of threat of illegal dispossession, and binding nature of decree – Grant of injunction without application of settled principles held erroneous [Paras 15, 17].

Thika Tenancy – Jurisdiction of Civil Court – Lease exceeding 12 years – Permanent (pucca) structures – Claim of thika tenancy raised in execution – Held: Under Calcutta Thika Tenancy Act, 1949 and subsequent enactments, lease for more than 12 years with pucca structures does not constitute thika tenancy – Both judgment-debtor and licensee cannot simultaneously claim thika tenancy – Executing court wrongly held decree to be prima facie nullity [Paras 17, 19–24].

Execution of Decree – Pendency of Appeal – Doctrine of Merger – Held: Pendency of appeal does not divest decree-holder of right to execute decree unless stay is granted – Executing court cannot go behind decree or question its legality on grounds already adjudicated by trial court and pending in appeal [Paras 13, 18, 20].

Article 227 – Supervisory Jurisdiction – Perversity and Material Irregularity – Executing court ignored settled law, relevant documents, and binding precedents – Exceeded jurisdiction by questioning enforceability of decree – High Court justified in exercising supervisory jurisdiction and setting aside order [Paras 12, 28].

Compensation to Decree-Holder – Stay of Execution – Principles in Atma Ram (P) Ltd. case – Held: When execution is delayed, decree-holder must be compensated by payment of reasonable occupational charges – Executing court failed to consider this settled principle while granting blanket injunction [Paras 26].

Decision: Revisional application allowed – Impugned order dated 25.09.2025 set aside – Ad interim injunction vacated – Executing court directed to decide application under Section 151 CPC afresh after giving opportunity to decree-holder – To proceed uninfluenced by observations of High Court.

Motor Accident Compensation – Fatal Accident – Negligence – Eyewitness Testimony – Claimants' deceased (ex-serviceman aged 45) died in motorcycle accident caused by rash driving of insured truck – Eyewitness (PW-3) testimony unshaken in cross-examination and FIR corroborated by chargesheet – Tribunal’s finding of rash and negligent driving upheld – No contributory negligence made out – Held: No error in Tribunal's findings on negligence [Paras 12–17].

Compensation – Future Prospects – Fixed Salary – Tribunal awarded 25% enhancement of income based on age bracket 40–50 years as per Pranay Sethi – Deceased was aged 45 years 9 months – Held: Tribunal correctly applied 25% future prospects – No interference warranted [Paras 18–20].

Dependency – Deduction of Personal Expenses – Tribunal treated wife and three children (including 21-year-old student daughter) as dependents – Applied 1/4th deduction – Insurance Co. contended that daughter was major and not dependent – Held: No evidence that daughter was earning; Tribunal rightly treated all as dependents – 1/4th deduction justified [Paras 21–23].

Multiplier – Age Consideration – Tribunal applied multiplier of 14 for deceased aged 45 years 9 months – Insurance Co. argued multiplier should be 13 – Held: Multiplier of 13 applies only after age 46 – Tribunal’s adoption of multiplier of 14 correct [Paras 24–26].

Non-Pecuniary Compensation – Love and Affection – Tribunal awarded Rs. 2,00,000 under this head – Held: Separate compensation for love and affection is not permissible under Pranay Sethi and Satinder Kaur – Rs. 2,00,000 award on this head set aside [Paras 27–29, 34].

Insurance Benefits – Employer-Provided Insurance – Insurance Company sought deduction of Rs. 7,50,000 paid to family under employer’s insurance – Held: Such contractual insurance benefits not deductible from compensation as per Helen Rebello and Sebastiani Lakra – Claimant’s entitlement to just compensation stands unaffected – Deduction disallowed [Paras 30–33].

Apportionment and Disbursement – Tribunal’s direction of apportionment and tranche-wise disbursement upheld – Court directed full release of remaining compensation, as fixed deposits had matured – Directions issued for disbursal with interest – Statutory deposit to be refunded to Insurance Co. [Paras 36–39].

Decision: Appeal partly allowed – Award reduced from ₹23,54,000 to ₹21,54,000 by disallowing ₹2,00,000 towards loss of love and affection – Remaining award upheld – Balance amount directed to be disbursed as per original apportionment – Statutory deposit to be refunded

Civil Law – Amendment of Pleadings – Order 6 Rule 17 CPC – Suit filed in 1995 based on major settlement RoR – Amendment sought in 2025 to introduce consolidation plot number for plaintiffs’ land alone – High Court held that such amendment at argument stage without including defendants’ corresponding plot from consolidation records would cause prejudice – Held: Amendment not essential for adjudication and likely to complicate proceedings – Impugned order allowing amendment set aside [Paras 2–9]

Pleadings – Principles Governing Amendment – Reference to Chakreshwari Construction case – Court reiterated that amendments must not fundamentally alter the nature of the case or prejudice the opposite party – Amendment must be necessary, bona fide, and non-prejudicial – Proposed amendment failed on these counts – Suit can be adjudicated on basis of original settlement records alone [Paras 6–9]

Delay and Procedural Fairness – Suit delayed due to remand after decree – No explanation for belated amendment – Consolidation RoR came into effect during pendency but was not relied on earlier – Selective reference to new land records without matching updates for both parties held unfair – Amendment termed unnecessary and likely to trigger further procedural complexity [Paras 5–9]

Decision: Civil Miscellaneous Petition allowed – Order dated 09.10.2025 passed by Gram Nyayalaya allowing amendment set aside – Amendment application rejected

Land Law – Common Land – Applicability of J&K Common Lands (Regulation) Act, 1956 – Section 1(4) of the Act expressly excludes applicability of the Act to areas declared as Municipalities – Land in question situated within Municipal Council, Udhampur – Respondents themselves admitted non-applicability of the Act – Held: Invocation of Common Lands Act, 1956 for passing impugned order was wholly without jurisdiction [Paras 11–12].

Writ Jurisdiction – Administrative Action – Lack of Statutory Authority – Impugned order directing seizure of building material and lodging of FIR passed by relying upon inapplicable statute – Action taken without affording opportunity of hearing – Held: Order unsustainable being arbitrary and dehors statutory powers [Paras 3, 11, 13].

Supreme Court Directions – Scope – Jagpal Singh Case – Directions in Jagpal Singh v. State of Punjab, (2011) 11 SCC 396 applicable only to Gram Sabha/Gram Panchayat/Shamlat/Poramboke land – Land falling within municipal limits and recorded as proprietary land does not fall within said category – Held: Supreme Court directions wrongly applied [Paras 11–13].

Revenue Records – Gair Mumkin Talai – Proprietary Rights – Though land recorded as Gair Mumkin Talai, revenue record showed ownership of private individuals including respondent No.6 – Mere description as Gair Mumkin Talai does not automatically convert land into common or Panchayat land – Restrictions on alienation do not negate ownership [Paras 2, 13].

Seizure of Property – Third Party Rights – Petitioner did not claim ownership over land – Building material stored with consent of recorded owner – Even assuming violation, action could lie only against landowner and not against petitioner – Held: Seizure and FIR direction against petitioner unjustified [Paras 13–14].

Municipal / Water Resources Law – Plea Raised Without Action – Contention that land vests in Government or Municipal Council under Municipal Act or Water Resources Act unsupported by revenue entries or prior proceedings – Held: Such plea cannot sustain impugned action; liberty reserved to authorities to proceed under appropriate law if permissible [Para 15].

Relief – Release of Seized Property – Prayer for release of seized material rendered infructuous as material already released pursuant to earlier court directions – Writ petition confined to legality of impugned order [Para 10].

Decision: Impugned order dated 04.03.2017 quashed – Action taken under Common Lands Act held illegal – Writ petition allowed to the extent indicated.

Co-operative Law – Review Jurisdiction – Reference to Larger Bench – Review petition filed against judgment restoring money decree passed by Co-operative Court – Review based on subsequent coordinate Bench decision holding that Co-operative Courts lack jurisdiction for recovery above ₹10 lakh – Court held that issue raises substantial questions of law requiring authoritative determination – Matter referred to larger Bench instead of deciding review on merits [Paras 1, 75–79].

Banking Law – Co-operative Banks – Applicability of RDB Act – Core issue whether State co-operative banks fall within definition of “bank” under Sections 2(d) and 2(e) of RDB Act – Petitioner relying on Pandurang Ganpati Chaugule contended that co-operative banks are banking companies and must approach DRT exclusively – Respondents contended that said judgment was confined to SARFAESI Act and did not extend RDB Act to State co-operative banks – Court held issue remains unresolved [Paras 2, 33–48].

Jurisdiction – Conflict between Central and State Laws – Section 91 MCS Act vs. Sections 17 & 18 RDB Act – Whether recovery proceedings by State co-operative banks before Co-operative Courts stand barred by RDB Act – Court noted absence of express inclusion of State co-operative banks under RDB Act, contrasted with express inclusion of multi-State co-operative banks – Held that jurisdictional exclusion cannot be conclusively determined without larger Bench ruling [Paras 49–71].

Constitutional Law – Legislative Competence – Entries 45 List I and 32 List II – Banking and recovery of bank dues fall under Entry 45 (Union List), while co-operative societies fall under Entry 32 (State List) – Pandurang Ganpati Chaugule weakened constitutional foundation of Greater Bombay Co-operative Bank but did not expressly overrule its conclusions on RDB Act – Striking down of Part IX-B in Rajendra N. Shah further complicates analysis – Issue held fit for reference [Paras 72–75].

Precedent – Overruling by Implication – Limits – Court reiterated that judgments cannot be treated as overruled by implication unless irreconcilable conflict exists on same issue – Held that Pandurang Ganpati Chaugule does not expressly overrule Greater Bombay Co-operative Bank on applicability of RDB Act – Coordinate Bench decision in Washim Urban raises debatable legal position [Paras 22–48].

Procedure – Reference under Appellate Side Rules – Exercising powers under Chapter I Rule 8 of the Bombay High Court Appellate Side Rules, 1960, Court referred substantial question of law to Hon’ble Chief Justice for constitution of a larger Bench – Review petition to remain pending till reference is answered [Paras 76–79].

Decision: Question of law referred to larger Bench – Review Petition kept pending – Registry directed to place papers before Hon’ble Chief Justice for appropriate orders – Matter to be decided in accordance with law laid down by larger Bench [Paras 76–79].

Criminal Law – Bail – NDPS Act – Arms Act – Wildlife Offences – Grant of Bail in Multi-offence FIR – Prolonged Custody – Petitioners Rinku Thapar and Divyam arrested in connection with FIR alleging recovery of drug money, arms, wildlife articles, and narcotics – Petitioners in custody for over one year and two months – Charges framed, but trial yet to commence – 42 witnesses cited, no prior criminal record – Held: Bail granted considering prolonged incarceration, completion of investigation, and parity with co-accused [Paras 2, 6, 7, 11]

NDPS Act – Section 21(c) – Recovery Below Commercial Quantity – Effect on Bail Consideration – From petitioner Divyam, only 381 grams of charas recovered – Less than commercial quantity of 1 kg – Bail plea considered favourably due to lesser offence severity under NDPS Act [Para 10]

Arms and Wildlife Protection Act – Recovery From Co-accused – No Independent Recovery From Petitioner – Bail Not Barred – From petitioner Rinku Thapar, arms, wildlife articles, and cash recovered – However, no recovery of narcotics – Bail granted in absence of bar under Section 37 of NDPS Act and considering lack of past criminal record [Paras 6(viii), 10]

Criminal Procedure – Delay in Trial – Bail Justified – 42 prosecution witnesses yet to be examined – Trial expected to be prolonged – Petitioners not involved in other cases – No purpose served by continued incarceration – Bail granted [Paras 7, 11]

Bail – Parity with Co-Accused – Co-Accused Already Granted Bail – Seven co-accused granted regular bail earlier by High Court – Petitioners’ case found on parity – Bail granted on equal footing [Para 6(vii)]

Decision: Regular bail granted to petitioners Rinku Thapar and Divyam – Ordered to be released on bail upon furnishing bail/surety bonds to satisfaction of Trial Court – Trial Court to proceed independently and expeditiously.

Criminal Law - NIA Act – Section 21 – Appeal against order framing charge – Maintainability – Held: order framing charge is interlocutory for purposes of appeal under NIA Act – appeals dismissed as not maintainable – remedy lies under Section 482 CrPC / Section 528 BNSS [Paras 1–20].

Criminal Procedure – National Investigation Agency Act – Section 21 – Appeal – Scope – Expression “judgment, sentence or order, not being an interlocutory order” – Interpreted in light of scheme and object of NIA Act – Held: “order” refers to final orders capable of appellate scrutiny on facts and law – Not intermediate orders such as framing of charge [Paras 15–18].

Charge – Framing of – Nature of order – Though treated as “intermediate order” for purposes of revision under Section 397 CrPC, such classification not applicable while interpreting appellate provision under Section 21 NIA Act – Order framing charge does not finally determine rights and proceedings continue till conviction or acquittal – Hence interlocutory for appeal under NIA Act [Paras 11–12, 16–18].

Statutory Interpretation – Purposeful interpretation – NIA Act enacted to ensure expeditious investigation and trial of scheduled offences affecting national security – Bar on revisions and limited appellate remedy intended to avoid delay – Permitting appeals against charge-framing orders would defeat legislative intent [Paras 13–16].

Appeal vs. Revision – Distinction – Jurisprudence on “intermediate orders” developed in context of revisional jurisdiction under CrPC (Amar Nath; Madhu Limaye) – Same concept cannot be bodily imported into appellate jurisdiction providing appeal “on facts and law” – At stage of charge, factual adjudication impermissible [Paras 8–12, 16].

Remedy of Accused – Availability – Though appeal under Section 21 NIA Act not maintainable, accused not remediless – Inherent jurisdiction of High Court under Section 482 CrPC / Section 528 BNSS remains available to challenge framing of charge on limited grounds of abuse of process, lack of jurisdiction or manifest injustice [Paras 16–18].

Precedent – V.C. Shukla v. State – Constitution Bench – Order framing charge held interlocutory under Special Courts Act – Principles applied while interpreting Section 21 NIA Act – Appeal against charge-framing order not envisaged [Paras 11–12].

Decision: Appeals dismissed on ground of maintainability – All pending applications disposed of [Paras 19–20].

Criminal Law – Murder – Section 302 IPC – Homicidal Death – The deceased was found in a half-naked condition with multiple injuries including head and brain injuries, abrasions, and nail marks – Post-mortem report and medical officer's testimony confirmed ante-mortem injuries and cause of death due to head and brain injury – The Court found the homicidal nature of death and sexual assault to be conclusively proven by medical and ocular evidence – Findings of the trial court regarding homicidal death and rape upheld [Paras 8, 10.3, 10.4, 10.5, 10.8].

Criminal Law – Circumstantial Evidence – Principles of Conviction – The case was based on circumstantial evidence, requiring the prosecution to establish a complete chain of events pointing unerringly to the guilt of the accused – The Court reiterated the five golden principles from Sharad Birdhichand Sarda v. State of Maharashtra (AIR 1984 SC 1622) and other Supreme Court precedents – Suspicion, however strong, cannot take the place of legal proof – The prosecution must elevate its case from "may be true" to "must be true" – The Court meticulously analyzed each circumstance to ensure consistency with the hypothesis of guilt and exclusion of any other reasonable hypothesis [Paras 9, 10].

Criminal Law – Rape – Section 376 IPC – Gang Rape – Circumstantial Evidence – The deceased left home to tie Rakhi, did not return, and her half-naked dead body was found in putus bushes near an embankment with dragging marks – P.W.9 saw appellant Kathu Karua naked in the bushes where the deceased's body was found, and heard shrieks – Extrajudicial confession of Kathu Karua to villagers, corroborated by the presence of human blood of Group 'A' (matching deceased's blood) on his seized nicker, formed a complete chain of circumstances – These circumstances cogently and firmly established the guilt of appellant Kathu Karua for gang rape and murder – Conviction of Kathu Karua under Section 376 IPC upheld [Paras 10.1, 10.2, 10.3, 10.6, 10.7, 10.8, 12].

Criminal Law – Extrajudicial Confession – Admissibility and Reliability – Extrajudicial confession, though a weak piece of evidence, can form the basis of conviction if it inspires confidence, is voluntary, truthful, and corroborated by other independent reliable evidence – The Court found P.W.5, P.W.7, and P.W.8's testimonies regarding Kathu Karua's extrajudicial confession to be credible, despite P.W.4's contradictions and P.W.5 mentioning slaps, as there was no evidence of inducement, threat, or promise – The confession was corroborated by other strong circumstantial evidence – Extrajudicial confession of Kathu Karua accepted [Paras 10.7, 10.8].

Criminal Law – Hostile Witness – Evidentiary Value – The evidence of a hostile witness cannot be rejected in toto but can be accepted to the extent it is dependable on careful scrutiny and consistent with the prosecution or defence case – P.W.9, though declared hostile, provided crucial evidence against appellant Kathu Karua regarding his presence at the scene in a naked condition near the deceased's body – His testimony, not completely shaken in cross-examination, was relied upon against Kathu Karua – The Court found P.W.9's evidence against appellant Ramesh Apat insufficient to implicate him [Para 10.6].

Criminal Law – Common Intention – Section 34 IPC – Acquittal of Co-accused – The trial court acquitted co-accused Dadu @ Anil Patra due to lack of corroborative evidence beyond his police confession and the appellants' confessions – The High Court found no evidence of common intention for appellant Ramesh Apat, as his presence at the embankment was explained as chasing goats, and no extrajudicial confession was made by him – The conviction of Ramesh Apat based solely on Kathu Karua's extrajudicial confession was deemed unsustainable – Conviction of Ramesh Apat set aside [Paras 6, 10.6, 10.7, 11].

Criminal Law – Disappearance of Evidence – Section 201 IPC – The appellant Kathu Karua, after committing rape, killed the deceased to wipe out evidence and screen himself from legal punishment – This act falls squarely under Section 201 IPC – Conviction of Kathu Karua under Section 201 IPC upheld [Para 12].

Sentence – Confirmation – The sentence of R.I. for ten years for Section 376(2)(g) IPC, R.I. for life and fine of Rs.5,000/- for Section 302/34 IPC, and R.I. for three years and fine of Rs.1,000/- for Section 201/34 IPC, with all sentences running concurrently, imposed on Kathu Karua by the trial court, was confirmed by the High Court – The appellant Kathu Karua was directed to surrender within two weeks to serve the remaining sentence [Para 12].

Decision: JCRLA No.58 of 2006 (Kathu Karua) dismissed – CRLA No.450 of 2005 (Ramesh Apat) allowed – Conviction of Kathu Karua upheld under Sections 376, 302 & 201 IPC – Conviction of Ramesh Apat set aside and he is acquitted of all charges – Kathu Karua to surrender within two weeks to serve sentence, failing which coercive steps to be taken – Ramesh Apat discharged from bail bonds [Para 12].