VASANTDADA PATIL PRATISHTHAN Vs. BHARATI ASHOK MANDHARE

JUDGEMENT

(1.) Rule. By consent of parties, made returnable forthwith and taken up for final hearing.

(2.) The core question presented for consideration by the Petitioners, Vasantdada Patil Pratishthan ('Employer') and Vasantdada Patil Pratishthan's College of Engineering and Visual Arts ('College'), is whether Respondent No.1, Bharati Ashok Mandhare ('Employee') could at all have invoked the statutory entitlement to challenge termination of employment under the Maharashtra Public Universities Act, 2016 ('Universities Act') having invoked earlier, the statutory entitlement to question allegedly unfair labour practices under The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ('MRTU and PULP Act').

(3.) A secondary question is whether the judgement and order dated January 25, 2024 ('Impugned Order') passed by the University and College School Tribunal, Mumbai ('School Tribunal') setting aside a dismissal order dated October 11, 2023 ('Dismissal Order') is faulty on the ground that the School Tribunal ought to have inexorably remanded the matter for reconsideration by the Petitioners without entering upon the merits of the accusations and setting aside the Dismissal Order.