S.B.Sinha, J. - (1.) LEAVE granted.
(2.) THE State of Maharashtra enacted 'THE Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, 'the Act') to regulate recruitment and conditions of service of employees in certain private schools. It came into force with effect from 20.03.1978. 'Private School' has been defined in Section 2(20) of the Act to mean: Private School, means a recognized school established or administered by a Management other than the Government or a local authority. The terms 'recognized' and 'school' have been defined in Section 2(21) and 2(24) respectively in the following terms: 2(21).-Recognized means recognized by the Director, the Divisional Board or the State Board, or by any officer authorized by him or by any of such Boards; 2(24).- School, means a primary school, secondary school, higher secondary school, junior college of education or any other institution by whatever name called including technical, vocational or art institution or part of any such school, college or institution, which imparts general, technical, vocational, art or, as the case may be, special education or training in any faculty or discipline or subject below the degree level; Appellant No.1 herein runs a training institute. It imparts vocational training to the students admitted therein in different disciplines e.g. Draftsman Civil, Electrician, Wireman, Welder and Fitter etc. The strength of the students in the aforementioned disciplines allegedly began to go down from year to year. So much so, no student took admission in the courses of 'Draftsman Civil' or 'Welder'. The relevant portion of the chart showing details of admissions in the aforementioned disciplines reads as under: JUDGEMENT_277_TLPRE0_2007Html1.htm
(3.) SIMILARLY, in the certificate courses of six months and one year also, there had been a steady decline, as would appear from the following charts: Details of Admission for Certificate Courses of six months JUDGEMENT_277_TLPRE0_2007Html2.htm Details of Admission for Certificate Courses of one year JUDGEMENT_277_TLPRE0_2007Html3.htm Respondent No. 1 herein was appointed on a temporary basis. The services of the private respondents were purported to have been temporarily terminated as allegedly a decision had been taken to close down the institute with effect from 12.08.2002, contending that the said purported orders of termination were violative of the Act and the Rules framed thereunder. Appeals thereagainst were filed by the aggrieved employees/teachers before the School Tribunal, Pune Region. The jurisdiction of the Tribunal to entertain the said appeals was questioned on the ground that the institute in question was not a school within the meaning of the provisions of the said Act. The Tribunal, however, in its judgment held : (i) As the appellant was duly recognized by the Central Government permanently without grant-in- aid, it was a school within the meaning of the provisions of the said Act; (ii) Inter alia, on the premise that the services of all the staff and teachers were not terminated, the plea of the appellant that the institute had to be closed down being incorrect, the orders of termination were mala fide; The Tribunal furthermore took note of the fact that during pendency of the said appeals, some new teachers had been appointed. The writ petition preferred by the appellant thereagainst has been dismissed by reason of the impugned judgment.;