- (1.) The present appeal arises out of a brief order passed by the High Court of Judicature at Bombay in Writ Petition No. 6446 of 2006. By the said order, a writ petition filed by the appellant herein (Management before the High Court) under Article 227 of the Constitution of India was summarily dismissed.
(2.) The facts of the case are that the respondent herein was appointed as an Assistant Teacher in Smt. Meenal Arjun Chavan Vidyalaya, Ulhasnagar on June 16, 1997. According to her, she was continued in service up to December 28, 2001. From that date onwards, however, she was not allowed to discharge duty and also not allowed to sign muster roll. Being aggrieved by the said action, she preferred Writ Petition No. 5840 of 2002 in the High Court of Bombay on which rule nisi was issued. But finally by an order dated August 25, 2005, the writ petition was disposed of as the High Court felt that appropriate statutory remedy is available to the respondent under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the Act').
(3.) In pursuance of the said order, the respondent herein approached the Maharashtra School Tribunal at Navi Mumbai by filing Appeal No. 20 of 2005. The Tribunal after considering the facts and circumstances as also the evidence led by both the parties, recorded a finding of fact that the respondent herein was appointed by the Management and that she had completed more than two years and her services were terminated only in 2001 i.e. after about four years. In the light of the findings recorded by the Tribunal, final order was passed by the Tribunal granting reinstatement.;