JUDGMENT

Syed Shah Mohammed Quadri, J.-Leave is granted.

2. This appeal is from the judgment and order of the High Court of Judicature at Bombay, Bench at Aurangabad, in Writ Petition No. 697 of 2001 dated April 11, 2001. By the impugned order the High Court upheld the order of the Presiding Officer, School Tribunal, Aurangabad Division, Aurangabad (for short, the Tribunal ) in Appeal No. 222 of 1997 dated January 6, 2001 directing re-instatement of the first respondent in service with 75% back wages and consequential benefits.

3. On August 6, 2001, this Court issued notice limited to the question as to why the appointment of the respondent (respondent No.1) should not be confined to the period mentioned in the order of appointment dated June 22, 1996.

4. To appreciate the contention of the learned counsel for the parties the following facts may be noticed.

5. The appellant is a public trust and a society under the Bombay Public Trusts Act and Societies Registration Act, which runs Sant Bahinabai Educational Institutions at Shioor Taluka Vaijapur, District Aurangabad, which are fully aided. The first respondent applied for the post of Lab Attendant in response to an advertisement. He w