SHUBHANGI RAMESH LOKHANDE Vs. ANITA VIJAY SURYAWANSHI

JUDGEMENT

(1.) Heard the respective learned counsels.

(2.) This contempt petition is filed under Sec. 10 of the Contempt of Courts Act, 1971.

(3.) By way of this contempt proceeding, the petitioner wants to execute the order of the learned School Tribunal, Solapur passed in Appeal No.28 of 2019, dtd. 25/3/2022. Sec. 13 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short 'M.E.P.S. Act 1977') provides for the penalty to the Management for failure to comply with the Tribunal's directions. Recently, Division Bench of this Court in the case of Smt. Ahemadi Siddiqui Abdul Majid Vs. The State of Maharashtra and others in Writ Petition No.2036 of 2022, dtd. 20/6/2022 has held that the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, cannot be converted into an Executing Court. Sec. 13 of the M.E.P.S. Act, 1977 adequately takes care of the interest of the litigant, who had succeeded before the Tribunal under Sec. 9 of the Act and an order/judgment has been delivered in his/her favour under Sec. 11 of the Act. The petitioner, therefore, has a statutory remedy of getting the order of this Court to go to Tribunal executed under Sec. 13, inasmuch as, the School Tribunal has awarded punishment to the errant management. Taking this view, the writ petition stands dismissed.