Chaitanya Junior College, ... vs Ranjit S/O Basuraj Shamkuwar And ...
2023 Latest Caselaw 10691 Bom

                                                               1                               25-204-2023.odt


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

                                   WRIT PETITION NO.204/2023

                Chaitanya Junior College, Bampewada and another
                                        Vs.
                    Ranjit s/o Basuraj Shamkuwar and others

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. S.E. Raghorte, Advocate for petitioners
                                  Mr. C.B. Dharmadhikari, Advocate for Respondent No.1
                                  Mr. H.R. Dhumale, AGP for Respondent / State

                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 16h OCTOBER, 2023

The petition challenges the judgment dated 15/02/2022, passed by the learned School Tribunal, which is an ex-parte judgment setting aside the termination of the petitioners dated 21/09/2012 for which earlier in point of time an application for condonation of delay of 7 years was filed which was allowed by the learned Tribunal.

2. Mr. Ragorte, learned counsel for the petitioners submits, that though the petitioners are stated to have been served as is indicated by the entry in the order-sheet dated 14/07/2021, however, due to differences between the management the matter went unrepresented. It is further contended, that thereafter the order-sheet would indicate that the appeal was permitted to be 2 25-204-2023.odt

amended without any further notice to the petitioners, which has caused prejudice to the petitioners, as they were never served with the application for amendment. It is contended, that the original ex-parte order, cannot stand consequent to an application for amendment as the petitioners were not made known, regarding the nature of the lis consequent to the amendment which has caused prejudice. It is also contended that any inconvenience which may have been caused on account of the delay can be compensated in terms of money, for which on instructions, he offers costs of Rs.50,000/- to be paid to the respondent No.1.

3. Though Mr. Dharmadhikari, learned counsel for the respondent No.1 opposes the contention, it is material to note that the appeal was filed in 2020, questioning the termination order dated 21/9/2012. Though the delay has been condoned, it is necessary to note that the impugned judgment dated 15/2/2022 set asides the termination with continuity and full back wages which would be equally for the period of delay, which is the position, which necessarily requires to be permitted to be contested by the petitioners as that causes serious prejudice and financial burden. That apart, it is also apparent from the order-sheet, which is placed on record that the appeal was sought 3 25-204-2023.odt

to be amended by the application dated 07/01/2021 which has been allowed, and, therefore, the petition being ex-parte there is no contest to the same. All these circumstances, therefore, indicate that an opportunity to contest the appeal on merits is required to be granted, considering which, the impugned judgment dated 15/2/2022 is hereby quashed and set aside and the matter is remitted back to the learned School Tribunal to decide it afresh on merits, however, subject to costs of Rs. 50,000/- (Rs. Fifty Thousand) to be paid by the petitioners to the respondent No.1 as a condition precedent.

4. The parties shall appear before the learned School Tribunal on 30th October, 2023 and no separate notice would be required to be issued to anyone. The written statement / submissions shall be filed by the present petitioners before the learned Tribunal by 20th November, 2023 and the learned School Tribunal shall decide the appeal thereafter within a period of six months.

5. The petition is allowed in above terms. No costs.

JUDGE Signed by: Mr. M.P.MP Deshpande Deshpande Designation: PA To Honourable Judge Date: 16/10/2023 17:03:34