UDDESHWAR SHIKSHAN PRASARAK SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner/Management is aggrieved by the judgment and order delivered by the School Tribunal dated 26/08/1999, by which the Tribunal has allowed Appeal No. 33/1997, filed by the respondent/appellant and has directed the petitioner to reinstate the original appellant in service and pay back wages with continuity of service. Consequentially, the oral termination dated 03/03/1997, has been quashed and set aside.

(2.) I have considered the strenuous submissions of the learned advocates for the respective sides. Learned counsel for the petitioner has relied upon the judgment of the learned Full Bench of this Court in the matter of Ramkrishna Chauhan Vs. Seth D.M. High School and others, 2013 2 MhLJ 713 and the judgment of the Hon'ble Apex Court in the matter of Pragati Mahila Samaj and another Vs. Arun and others, 2016 AIR(SC) 3450. Learned advocate for the employee has relied upon the judgment of this Court in the matter of National Education Society s High School and Junior College Vs. Mrs. Lulomool Monachary, 1987 2 BCR 521, Ms. Bilquis Wahab Quraishi Vs. Chikitask Samuha S.S. & L.S. Patkar College and others, 1995 1 BCR 34 and judgment of the Hon'ble Apex Court in the matter of Shri Rabinarayan Mohapatra Vs. State of Orissa and others, 1991 AIR(SC) 1286.

(3.) By an order dated 14/10/1999, this Court had stayed the impugned judgment by granting interim relief to the Management and the petition was admitted. The Management was, however, directed to deposit the back wages from 03/03/1997, which is the date of termination of the respondent/appellant till 14/10/1999.