GADGEBABA HIGH SCHOOL Vs. PANDHARI TUKARAM KAMBLE

JUDGEMENT

(1.) This appeal brings into issue the following substantial question of law:

(2.) Learned Advocate for the appellants submitted that the respondent No. 1 had tendered his resignation on 17/12/1994 in writing without reporting back to the school on 21/11/1994, and the same came to be accepted in the management committee's meeting on 22/12/1994. According to him, the appellant No. 1 is a private school within the meaning of section 2(20) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (here-in-after referred to as the Act) and, therefore, it was open for the respondent No. 1 to have preferred an appeal to the School Tribunal constituted under section 8 of the said Act for redressal of his grievances and not rushed to the Civil Court, the jurisdiction of which is ousted by section 9 of the said Act. In support of his submissions, he placed reliance on the following judgments:

(3.) Learned Advocate for the respondent No. 1 submitted that section 9 of the said Act does not operate as bar to the jurisdiction of the Civil Court, there being no implied exclusion of the jurisdiction of the Civil Court by virtue of the said provision. According to him, the respondent No. 1 had sought declaration regarding the status and not for challenging any of the orders enumerated in section 9 of the said Act. Thus, according to him, the respondent No. 1 had instituted lis to enforce his right under the common law and not under the said Act thereby leaving it to the discretion of the respondent No. 1 to choose his remedy for relief. In support of his submissions, he placed reliance on the following judgments: