CHAIRMAN LAXMI EDUCATION SOCIETYS Vs. P H SINGH

JUDGEMENT

(1.) THE petitioners are a society registered under the Societies Registration Act and is also a public Trust registered under the Bombay Public Trust Act, 1950. The petitioner No. 1 society runs a college viz. Shri Chinai College of Commerce and Economics, Andheri (East), Mumbai. The College is affiliated with the University of Bombay getting 100 percent grant.

(2.) THE petitioners are aggrieved by the judgment and order passed by the Presiding Officer, College Tribunal, Mumbai (hereinafter referred to as "the Tribunal") passed on 27-11-1998 in Appeal filed by the respondents. The Tribunal had quashed and set aside the order of termination of the respondents and substituted the same by reinstatement without back wages, as far as the respondent No. 1 is concerned as the other respondent Professor having expired during the pendency of the proceedings there was no question of granting reinstatement. The Tribunal substituted the punishment of dismissal by depriving both the professors of full back wages and by imposing a punishment of withholding of two increments for two years in the time scale.

(3.) THE petitioners as well as the professors are aggrieved by the impugned order of the Tribunal and both of them have approached this Court under Article 226 of the Constitution of India giving challenge to the said order of the Tribunal. The petitioners do not want to give reinstatement to the professor, who is alive and the legal heirs and representatives of the deceased professor as also the professor who is alive want the normal relief of full back wages and quashing of punishment of withholding two increments. I have heard all the three petitions together as they arise from one and the same Judgment and Order of the Tribunal.