LAWS(BOM)-2001-1-67

CHHAITNAYASHEWAR SHIKSHAN MANDAL Vs. NARESH S/O PANDURANG

Decided On January 24, 2001
Chhaitnayashewar Shikshan Mandal Appellant
V/S
Naresh S/O Pandurang Respondents

JUDGEMENT

(1.) RULE returnable forthwith and heard finally with the consent of the learned counsel for the parties.

(2.) BY this petition, the order passed by the University and College Tribunal, Nagpur, granting reinstatement of respondent No. 1 has been challenged.

(3.) BRIEF facts are that the respondent No. 1 was employed by the petitioner/college as a Lecturer in commerce faculty. According to the allegations of the petitioner, as there were no students of commerce faculty available for running the faculty and therefore, it was necessary for the petitioner/college to close down the commerce faculty, as a result of which, the services of the respondent No.1 were terminated w.e.f. 31st July, 1998. That termination came to be challenged before the Respondent No.3/ Tribunal, by way of an appeal No. N -22 - /1998, by the Respondent No.1, wherein the Respondent No.2/University was not made party. The learned Presiding Officer of the Tribunal granted reinstatement only on the ground that before closing down the commerce faculty, the petitioner/college did not seek an approval of the University.