GRAMODHAR VIDYA PRASARAK SHIKSHAN SANSTHA Vs. PROJECT OFFICER

JUDGEMENT

(1.) This is an application for review is filed on behalf of the applicants seeking review of order dated 22.12.2018 passed by this Court dismissing the writ petition filed by the applicants against an order of the School Tribunal, whereby the order terminating service of respondent No.2 was set aside and he was directed to be reinstated with continuity of service and back-wages.

(2.) The learned counsel for the applicant submits that the order passed by this Court proceeds on the basis of the pleadings that were part of the record of the School Tribunal in the form of reply filed on behalf of the applicants before the Tribunal. In the said reply it was categorically stated that the applicants had conducted a proper enquiry in terms of the procedure contemplated under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed there under and that upon the completion of such inquiry the service of respondent No.2 was terminated. The Tribunal found that there was not an iota of material placed on record by the applicants herein to demonstrate that such an enquiry had been indeed conducted against respondent No.2.

(3.) This Court also found in its order dated 22.12.2018 that the applicants miserably failed to support the pleadings made on their behalf before the Tribunal. In this backdrop the stand now taken in the review application is that the pleadings in the reply of the Tribunal were not as per instructions of the applicants and that they were in fact diametrically opposite to the factual position. It was further submitted that due to such defective pleadings before the Tribunal, an error had crept in not only in the order passed by the Tribunal, but also the order passed by this Court. On this basis it was contended that as mistake of pleadings had occurred due to the mistake of counsel, it was a situation of an error apparent on the face of the record requiring this Court to invoke review jurisdiction.