RAMESH BHIKAJI KULKARNI Vs. SHIVAJI SHIKSHAN PRASARAK MANDAL

JUDGEMENT

(1.) THIS appeal takes exception to the acquittal of Respondents 1 to 8---Nos. 2 to 8 therefrom constituting the management of Respondent 1 Institution in a College of which the appellant was serving as a Lecturer in Mathematics.

(2.) THE 1st Respondent runs a College known as Shivaji College at Barshi in which the appellant was employed as a Lecturer in Mathematics. Alleging that his services had been wrongly terminated and his salary wrongly withheld, the appellant filed an appeal to the University College Tribunal. The Tribunal on 8th August, 1979 directed the Respondents to reinstate the appellant and pay him 50% of the salary payable. The Tribunal granted two months to the respondents to comply with the order. Far from so doing, the respondents approached the High Court by way of a writ petition. The High Court on 3rd October, 1979, rejected the petition in limine. Not satisfied, the Management went further and sought to obtain Special Leave from the Supreme Court to appeal against the order rejecting their petition. The Supreme Court rejected the SLP on 8th December, 1980. In the meantime, one Patil, possibly a person who had been appointed in place of the appellant, instituted a suit seeking an injunction against his termination and compliance with the order passed by the Tribunal. This suit was filed on 6 October, 1979 and the Management was noticed to show-cause against the prayer for a temporary injunction. The trial Court eventually on 3 May, 1980 dismissed the said suit. The dismissal of the suit was impugned by way of an appeal to the District Court on 19 June, 1980. Initially an injunction against the implementation of the Tribunals direction was granted. But on 27 March, 1981, the District Court dismissed the appeal. Patil went in Second Appeal to the High Court and obtained an interim injunction on 9 April, 1981. The High Court dismissed this Second Appeal on 28 July, 1981. On 6 August, 1981, the Management resolved to implement the Tribunals order, and on 13 August, 1981, appellant was reinstated. Some part of the backwages were paid to him. For the balance he had to move the University Tribunal again. This Tribunal on 5th September, 19784 found that a balance of Rs. 6000/- remained to be paid ton the appellant and this sum was to be paid to him by the Director of Higher Education, Pune, who was to adjust the amount against the grant payable to respondent 1.

(3.) THE complaint out of which this appeal has arisen was filed on 16 November, 1979. It ascribed to the respondents the commission of an offence punishable under section 42-F (1) (a) of the Shivaji University Act, 1974. The College run by the 1st respondent is within the Shivaji University area. The aforementioned provision, to the extent relevant, reads thus :---