BHIM KELAVANI MANDAL Vs. SHIVABHAI K PARMAR

JUDGEMENT

(1.) By way of these petitions, the petitioners have prayed to quash and set aside the order dated 17.06.2000 passed by respondent no. 11, whereby respondent no. 11 regularized the services of respondents nos. 5 to 8.

(2.) The short facts of the case are that the petitioner-is a Trust duly registered under the Bombay Public Trust Act ["the Act" for short]. As per PTR, petitioners nos. 1 to 3 and respondents nos. 1 to 4 herein are the trustees of the said Trust. It is the case of the petitioner-Trust that respondents nos. 1 to 4 appointed respondents nos. 5 to 8 as the employees of the school run by the petitioner-Trust, without following the provisions of Section 35 of the Act, As the petitioner-school was covered under the direct payment system, the petitioner-Trust sent a proposal to respondent no. 9 to regularize the service of all the employees in the school including respondents nos. 5 to 8.

(3.) Heard learned counsel for the parties and perused the documents on record. From the record, it appears that the dispute is with regard to regularization of the services of the employees of the school including respondents nos. 5 to 8. the petitioners are in no way affected by the impugned decision. On the contrary, under the provisions of the Act, the trustee cannot challenge the impugned decision.