KERALEEYA SAMAJAM Vs. PRATIBHA DATTATRAY KULKARNI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.06.2019 in Writ Petition No.5311 of 2011 and Writ Petition No.5338 of 2000 passed by the High Court of Judicature at Bombay, the management has preferred the present special leave petitions. By the impugned common judgment and order the High Court has declared that the entitlement of the original petitioners is to receive wages in pay scales as per Schedule ­ C to the Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981. Thereafter, the Division Bench has disposed of the said writ petitions issuing a direction to the Deputy Director (Education) to see that the teachers working with the petitioners school are received their wages and salaries accordingly. The High Court has also not accepted the submissions on behalf of the petitioner to restrict arrears to three years preceding the filing of the writ petition.

(2.) At the outset, it is required to be noted that in the order dated 21.10.2019, this court recorded the submissions on behalf of the petitioners that the petitioners are ready to pay the arrears as per 6th Pay Commission for the preceding three years prior to the filing of the writ petition. Thereafter this court passed the following order on 04.11.2019:

(3.) Therefore the entitlement of the teacher's salaries as per the 5th and 6th Pay Commission to the teaching and nonteaching staff of the second petitioner ­ school is not required to gone into and only issue which is required to be considered is whether the arrears ought to have been restricted to three years preceding the filing of the writ petition?