BHARATIYA SHIKSHAN PRASARAK SANSTHA Vs. PRALHAD APPARAO MANE

JUDGEMENT

(1.) The petitioners in this case have challenged the notice dated 8/8/1981 issued by the Labour Court in Reference No. (IDA) B. No. 1 of 1981 on the ground that the said reference itself is not maintainable in view of the provisions of section 42-E of the Marathwada University Act, 1974.

(2.) It is clear from the record that respondent No. 1 Shri Mane, whose services were terminated by Kholeshwar Mahavidyalaya, Ambejogai, approached the College Tribunal for Marathwada University at Aurangabad. After hearing both the sides the Presiding Officer of the College Tribunal dismissed the appeal filed by Shri Mane. The said order was not challenged by Shri Mane before any forum and therefore, under section 42-E the decision of the Tribunal became final and binding upon the parties. Section 42-E of the Act read as under:

(3.) Hence the rule is made absolute. The notice issued by the Labour Court dated 8/8/1981 and all further proceedings pending in Reference No. (IDA) B. No. 1 of 1981 are quashed. However, in the circumstances of the case, there will be no order as to costs. Rule made absolute.