owp.1178.15
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR
...
WRIT PETITION NO. 1178 /2015
Gram Vikas Samiti,
Shahapur
F/4B, Tahsil and District : Bhandara
Through its Secretary
Darshanlal Nandlal Malhotra
Aged about 50 years
occu: Agriculturist
R/o Thana Petrol Pump (Jawaharnagar)
Tah. & Dist. Bhandara. ig ...PETITIONER
v e r s u s
1) Laxmikant Ramdeo hedau
Aged about 42 years
R/o Sadak Arjuni,Near Bus Stand
Dist. Gondia.
2) The Presiding Officer,
School Tribunal, Nagpur.
3) The Education Officer (Pri)
Zilla Parishad, Bhandara. ..RESPONDENTS
...........................................................................................................................
Mr.N.D.Khamborkar, Advocate for petitioner
Mr.P. V. Kaore, Advocate for respondent no.1
Mr. H.N.Verma, Advocate for Respondent no.3
............................................................................................................................
CORAM: A.S.CHANDURKAR, J.
DATED : 25th October, 2016.
ORAL JUDGMENT :
1. In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard at length by issuing Rule and making ::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:57:02 ::: owp.1178.15 2 the same returnable forthwith.
2. The petitioner-Management is aggrieved by the judgment of the School Tribunal dated 18.2.2015 passed in an Appeal filed under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. By the said judgment, the order of termination dated 16.8.2011 has been set aside and the respondent no.1 has been directed to be reinstated in service with continuity.
3. Shri N.D. Khamborkar, learned counsel for the petitioner submitted that by the judgment dated 16.9.2014 in Writ Petition Nos.
5487/2013 and 664/2014 this Court had set aside the earlier judgment of the School Tribunal and had remanded the proceedings for being decided afresh in the light of observations made in paragraph 6 of the said judgment. It is submitted that the observations made therein have not been taken into consideration while deciding the Appeal. According to the learned counsel if said observations would have been taken into consideration, the petitioner would have been in a position to support the order of termination.
4. Shri P.V. Kaore, learned counsel for the respondent no.1 did not seriously dispute the fact that the observations made in paragraph 6 of the aforesaid judgment do not appear to have been taken into account while deciding the Appeal. It is his grievance that his contention before the School Tribunal with regard to breach of mandatory provisions of Rule 37 of the Rules of 1981 has not been dealt with.
::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:57:02 :::owp.1178.15 3 Shri H.N. Verma , the learned counsel appearing for respondent no. 3 states that the dispute is principally between the petitioner and the respondent no.1.
5. Having heard the respective counsel and having considered the impugned judgment of the School Tribunal in the light of the judgment of this Court dated 16.9.2014, I find that the observations made therein which were required to be kept in mind, have been lost sight of while deciding the Appeal. It was necessary for the School Tribunal to have taken into consideration the said aspect of the matter as the services of respondent no.1 have been terminated after holding an enquiry. Hence, there is no other option but to set aside the judgment dated 18.2.2015 passed by the learned Presiding Officer and remand the proceedings for fresh adjudication.
6. Accordingly, the judgment dated 18.2.2015 in Appeal No. STN 69/2011 is set aside. The proceedings are remanded for fresh consideration in the light of the observations made in paragraph 6 of the judgment of this Court in Writ Petition Nos. 5487/2013 and 664/2014. The parties shall appear before the School Tribunal on 21st November, 2016 and the School Tribunal shall decide the Appeal within a period of four months from the said date. The respective contentions of all the parties are kept open for fresh consideration by the School Tribunal.
::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:57:02 :::owp.1178.15 4 Rule is made absolute in the aforesaid terms,with no order as to costs.
JUDGE sahare ::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:57:02 :::