Khairi Education Society, ... vs Sachitanand Ramkrushna Walke And ...
2022 Latest Caselaw 8546 Bom

                                                                                        (1)                                                 22.wp.4314.2022

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

                                               WRIT PETITION NO. 4314 OF 2022

      Khairi Education Society, Khairi, Through the President/Secretary and another
                                            Vs.
                      Sachitanand Ramkrushna Walake and others
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mrs. Radhika Bajaj, Advocate for petitioners.
           Mr. N. R. Rode, AGP for respondent nos. 3 and 4.


                                                                           CORAM :                      AVINASH G. GHAROTE, J.

DATE : 29/08/2022

1. Heard Mrs. Bajaj, learned counsel for the petitioners.

2. The petition challenges the judgment of the learned School Tribunal whereby the otherwise termination of the respondent no.1 has been set aside (pg. 106) and the petitioners are directed to reinstate him with full back wages. It is contended that though the Management has appeared in the application seeking condonation of delay after the delay was condoned, due to the internal disputes between factions in the Management, the Management was not represented in the appeal, which was resulted in the Court proceeding ex-parte and passing the impugned judgment. It is contended that the respondent no.1, was never regularly appointed as an employee with the petitioners which position, in absence of it being brought on record has resulted in passing of the impugned order.

(2) 22.wp.4314.2022

3. Issue notice to the respondents for final disposal of the matter, returnable on 15.9.2022.

4. Mr. Rode, learned AGP waives service of notice for respondent nos. 3 and 4.

5. In the mean time, upon deposit of 50 % of back wages in this Court within the aforesaid period there shall be stay to the direction granting back wages.

JUDGE

Sarkate

Digitally signed byANANT R SARKATE Signing Date:29.08.2022 18:12