RAYAT SHIKSHAN SANSTHA Vs. SUNEEL SHIVA GAIKWAD

JUDGEMENT

(1.) LEAVE granted. This appeal by special leave is directed against the order dtd. 20/2/2008 whereby a learned Single Judge of the High Court at Bombay has rejected the prayer of the appellant management for grant of stay of the order passed by the School Tribunal directing reinstatement of the respondent teacher.

(2.) WE have heard the learned counsel for the parties. Having regard to the fact that the writ petition challenging the direction by the School Tribunal to reinstate the respondent had been admitted for consideration, we are of the opinion that the impugned order cannot be sustained.

(3.) IT is a well -settled proposition of law that when an order of injunction is passed, the court is required to record the reasons. Similarly, when the court feels that in the facts and circumstances of a particular case, order of injunction is not necessary, it must record the reasons for doing so, taking into consideration all the relevant factors, particularly the nature of the controversy involved.