SUMAN DATTATRAYA KADAM Vs. SHONHA KAILAS BONEKAR

JUDGEMENT

(1.) The instant Review Application is filed by original respondent No. 3 in Writ Petition No. 721 of 2006 (Shobha kailash Bonekar Vs. Cantonment Executive officer) , reported in 2007 (3) Bom. C. R. (A. B. ) (S. B. ) 1 praying for recalling the judgment dated 31. 1. 2007 passed on a reference by Five Judges Bench of this Court. The grounds of objections raised in the application objecting to the verdict delivered by the bench are serialized as below:

(2.) We have heard the arguments advanced by Mr. Sapkal, learned counsel appearing on behalf of the applicant, Mr. P. M. Shah, learned Senior Counsel as Amicus curiae, Mr. Khandare, learned Government pleader appearing on behalf of State, Mr. Jadhavar, learned Counsel appearing on behalf of the respondent/original petitioner, mr. Kakade, learned Counsel appearing on behalf of respondent No. 1, Mr. Shelke, learned Counsel for respondent No. 2.

(3.) As regards the first objection raised by the applicant as regards the mentioning of "disciplinary action" in para No. 3 of the judgment, same does not affect the merit of the reference answered to by the Bench. The bench was primarily concerned with the issue as to "whether the School Tribunal constituted under section 8 of the Maharashtra employees of Private Schools (Conditions of service) Regulation Act, 1977 could entertain an appeal filed under section 9 of the maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 by the employees working in the schools which are established and administered by the Cantonment Board" and the larger Bench has answered the said issue. The objection raised as reflected in para No. 5 and 6 of the application is devoid of any merit.