NAVRANGPURA VILLAGE CHARITABLETRUST Vs. CHINUBHAI G PATEL

JUDGEMENT

(1.) The petitioner, a charitable trust registered under the Bombay Public Trust Act, 1949 running a school, has under Article 227 of the Constitution of India challenged the judgement and order dated 21.03.89 passed by the Gujarat Secondary Education Tribunal in Application No. 372/87 quashing and setting aside the order of dismissal passed by the petitioner dismissing the respondent no.1 and directing reinstatement of respondent no.1 with full backwages while substituting the order of dismissal by an order of punishment of withholding two increments for two years for the misconduct of late submission of answer books and for being non punctual.

(2.) The facts in brief deserve to be set out in order to appreciate the controversy involved in this matter:

(3.) On 31.03.89, this Court (Coram: G.T Nanavati, J. as he then was) issued rule and ordered notice to be issued in respect of interim relief which was made returnable on 06.04.89. A statement came to be made on behalf of respondent no.1 who was represented by advocate on caveat that till then the respondents will not take any action against the petitioners on the basis of the order which has been passed by the Tribunal. The said relief came to be extended time and again.