Shri Shivaji Education Society, ... vs Vivekanand Vasantrao Kukade
2017 Latest Caselaw 7095 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR



                                                       WRIT PETITION NO.6129/2016

1.         Shri Shivaji Education Society, Amravati,
           through its President Camp, Amravati. 

2.         College of Engineering and Technology,
           Akola, through its Principal, at Post 
           Babhulgaon (Jahagir), National Highway
           No.6, Taluka and District Akola.                                                                                                           ..Petitioners.

               ..Vs..

Vivekanand Vasantrao Kukade, 
aged about 43 Yrs., Occu. Nil, 
R/o Pathardi, Taluka Telhara, 
District Akola.                                                                                                                                    ..Respondent.
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               Shri U.N. Vyas, Advocate for the petitioners. 
               Shri A.R. Patil, Advocate for the respondent.
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                                                                 CORAM :  S.C. GUPTE, J.

                                                                 DATE  :     13.9.2017.
ORAL JUDGMENT



                          Heard learned counsel for the parties. 

2. Rule. Taken up for hearing forthwith by consent of counsel.

3. The subject matter of dispute in the present petition concerns the

termination of the respondent, who was a Class-IV employee in the college run

by the petitioner - Society. It was his case before the College Tribunal in the

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appeal preferred by him challenging the termination order that since he had

completed 240 days of continuous service, the petitioner - Society could not

have terminated him except after following the procedure prescribed under

Section 25F of the Industrial Disputes Act. It is not in dispute that whilst

contesting the appeal, the petitioner - Society had taken up a stand that the

respondent was neither appointed in a permanent post nor after following the

regular appointment procedure. These aspects of the petitioner's defence are

conspicuous by their omission in the consideration of the appeal by the College

Tribunal. In the premises, the matter will have to be remanded to the College

Tribunal for a fresh consideration of the appeal in accordance with law.

Accordingly, Rule is made absolute by quashing and setting aside

the impugned order dated 25th August, 2016 and remanding Appeal

No.A-1/2016 to College Tribunal, Nagpur for a fresh consideration in

accordance with law. Considering that the termination of service of the

respondent is of the year 2004, it will be open to either of the parties to amend

their respective pleadings before the College Tribunal.

JUDGE

Tambaskar.