Nutan Vidarbha Shikshan Mandal, ... vs Narendra S/O Ramkrushna Dange
2022 Latest Caselaw 9075 Bom

                                                                       1                                30.SA.169-2022.odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          NAGPUR BENCH AT NAGPUR
                                              SECOND APPEAL NO. 169 OF 2022
             ( Nutun Vidarbha Shikshan Mandal & Anr. Vs.Narendra s/o Ramkrushna
                                          Dange )
             Office Notes, Office Memoranda                           Court's or Judge's orders
             of Coram, Appearances, Court's
             orders     or    directions and
             Registrar's orders

                                               Mr. K.S. Chiwarkar, Advocate for the Appellants.

                                               CORAM:         AVINASH G. GHAROTE, J.

DATED : 12th SEPTEMBER, 2022.

Heard Mr. Chiwarkar, learned counsel for the appellants.

2. The only contention raised is that since the claim of the respondent for reinstatement with backwages, was rejected by the learned School Tribunal in appeal by the judgment dated 17.11.2007 (page 82), the claim for arrears of salary during the period he was in service, which was from 01.05.1999 to 06.02.2003, shall be barred by res judicata. It is however material to note, that the claim for backwages, would be for the duration after the termination and the date of reinstatement and not for an earlier period of time when the respondent was in service. Learned counsel for the appellants, seeks a days accommodation to address on this point, considering which, list the matter tomorrow i.e. on 13.09.2022.

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:12.09.2022 16:51 JUDGE SD. Bhimte