GADGE MAHARAJ MISSION Vs. WASUDEO RAMJI PATIL

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE petitioners challenge the judgment and order dated 26th November, 1999 passed by the School Tribunal, Aurangabad in Appeal No. 55/1996 on the ground of lack of jurisdiction to the Tribunal to entertain the appeal at the instance of the respondent No. 1 in view of the fact that the institution in which the respondent No. 1 was employed is not a school within the meaning of the said expression under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter called as "the said Act" ).

(3.) FEW facts relevant for the decision are that the petitioner No. 1 is an Educational Institution which runs an Ashram Shala by name Shri Gadge Maharaj Adivasi Post Basic Ashram Shala in the village Sitakhandi, Taluka Bhokar, District Nanded. The respondent No. 1 was in employment of the petitioners as teacher in the said school. By notice dated 14th March, 1996 the services of the respondent No. 1 were sought to be terminated w. e. f. 30th April, 1996. The respondent No. 1, therefore, filed an appeal against the said order of termination before the School Tribunal at Aurangabad which was registered as Appeal No. 55/1996 and by judgment and order dated 26th November, 1999 the Tribunal while allowing the appeal, set aside the order of termination of services of the respondent No. 1 and directed the petitioners to reinstate the respondent No. 1 in the employment of the petitioners along with the full backwages and with all consequential benefits. Hence, the present petition.