SUBHASH CHUNTALRAO MAHURE Vs. SAMARTH SHIKSHAN PRASARAK MANDAL

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) By this writ petition, the petitioner has challenged order dated 05/02/2019, passed by the Universities and College Tribunal, Nagpur, whereby an application for condonation of delay filed by the petitioner has been dismissed and it has been held that the appeal filed by the petitioner before the Tribunal, not having been presented within limitation, also stands dismissed.

(3.) According to the petitioner, he was appointed as Watchman with respondent No.2 on 29/06/1999. It is further claimed by the petitioner that on 19/05/2011, he was illegally not permitted to join and continue with his service, which gave him cause of action to challenge such illegal act on the part of the respondents. On 01/07/2011, the petitioner filed an appeal before the School Tribunal at Nagpur under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Since the appeal before the Tribunal was supposed to be filed within 30 days and it was filed beyond the period of limitation, the petitioner filed an application for condonation of delay before the School Tribunal. The Tribunal condoned the delay and took up the appeal for consideration. In this appeal, the respondents filed an application contending that the School Tribunal did not have jurisdiction in the matter, because the petitioner was an employee of respondent No.2 - College and that, therefore, if he had any grievance, he could file appropriate proceedings before the College Tribunal. This application was rejected by the School Tribunal, against which the respondents approached this Court. The writ petition filed by the respondents was disposed of with an observation that the objection regarding jurisdiction could be taken by the respondents before the Tribunal and that the Tribunal shall decide the said issue along with merits of the matter.