LAWS(BOM)-2009-11-112

GAUTAM SHIKSHAN SANSTHA Vs. PRESIDING OFFICER

Decided On November 17, 2009
GAUTAM SHIKSHAN SANSTHA Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) The Management of the School challenges by this writ petition the order passed by the School Tribunal, whereby the Tribunal directed reinstatement of respondent No. 2.

(2.) The facts giving rise to the writ petition are as follows:

(3.) Since respondent No. 2's services were terminated, he approached the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The said appeal was opposed by the present petitioner. It is the contention of the present petitioner that respondent No. 2 was appointed temporarily every year for that Academic Session only. The petitioner does not dispute that respondent No. 2 came to be appointed for the first time in the year 1992. According to the petitioner, the appointment was made on year to year basis only and there was no permanent appointment. Further, it is the contention of the petitioner that it was respondent No. 2, who had abandoned the services and there was no termination at all.