P. B. Majmudar, J. - (1.) Rule. Mr. Bhosale, learned Counsel appearing for the respondent-teacher, waives service of rule. Mr. Vanarase, learned Assistant Government Pleader, waives service of Rule on behalf of the State of Maharashtra. With the consent of advocates, matter is heard today finally.
(2.) By filing this petition, the petitioner-management has challenged an order passed by School Tribunal, Pune Region at Sholapur, dated 25th March, 2008 in Appeal No. 98 of 2006 by which the School Tribunal allowed the appeal of the respondent-teacher and set aside the order of termination dated 14th November, 2005.
(3.) The respondent-teacher (hereinafter "the respondent") had preferred an appeal before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, hereinafter referred to as "the Act". The case of the respondent is that he was appointed as an Assistant Physical Teacher in the school on 11th June, 2001 as he possessed qualification of B.A. B.P.Ed. It is his case that he had served for four years and five months till 13th November, 2005. It is also the case of the respondent that he had completed the probation period satisfactorily and he was having unblemished tenure and that he was a permanent employee of the school. It is also his case that his services were terminated on 14th November, 2005 without following the due process of law even though he was a permanent employee of the School.;