ORDER

1. DELAY CONDONED.

2. LEAVE GRANTED IN SPECIAL LEAVE PETITIONS.

3. ALL THESE APPEALS ARISE OUT OF THE JUDGMENT DATED 17-11-2000 IN WRIT PETITION NO. 767 OF 2000 OF THE HIGH COURT OF BOMBAY, BENCH AT AURANGABAD.

4. THE APPELLANT SHIVAJI SHIKSHAN PRASARAK MANDAL IN CAS NOS. 1049-50 OF 2002 IS A PUBLIC CHARITABLE TRUST REGISTERED UNDER THE BOMBAY TRUSTS ACT. THE SAID TRUST IS RUNNING THIRTEEN SCHOOLS AND RESPONDENTS 4 TO 17 IN THESE APPEALS ARE THE TEACHERS WORKING IN ONE OF THE UNAIDED SCHOOLS RUN BY THE APPELLANT TRUST. IT IS A RESIDENTIAL PUBLIC SCHOOL WITH LODGING AND BOARDING FACILITIES AT AHMED NAGAR DISTRICT, MAHARASHTRA. IT STARTED TO CATER TO THE NEEDS OF THE CHILDREN OF SUGARCANE FACTORY WORKERS AND FARMERS. RESPONDENTS 4 TO 17 FILED WRIT PETITION NO. 767 OF 2000 BEFORE THE HIGH COURT OF BOMBAY CLAIMING THAT THEY ARE ENTITLED TO THE BENEFIT OF REVISION OF PAY SCALES UNDER THE RELEVANT RULES ON THE BASIS OF THE RECOMMENDATIONS OF THE FIFTH PAY COMMISSION. THE APPELLANT MANAGEMENT CONTENDED THAT THEY ARE NOT LIABLE TO PAY THE SALARY AND ALLOWANCES PRESCRIBED UNDER THE FIFTH PAY COMMISSION.

5. THE MATTER WAS ELABORATELY CONSIDERED BY THE HIGH COURT AND IT WAS HELD THAT THE APPELLANT TRUST IS LIABLE TO PAY SALARY AND ALLOWANCES ON THE B BASIS OF THE FIFTH PAY COMMISSION WITH EFFECT FROM 1-5-1999. THE TRUST HAS FILED THESE APPEALS BY SPECIAL LEAVE.

6. RESPONDENTS 4 TO 17 HAVE ALSO FILED A SEPARATE APPEAL CONTENDING THAT THE HIGH COURT WENT WRONG IN HOLDING THAT THE PAY SHOULD BE REVISED WITH EFFECT FROM 1-5-1999 BUT IT SHOULD HAVE BEEN REVISED WITH EFFECT FROM 1-1-1996. THAT PART OF THE JUDGMENT IS CHALLENGED BY RESPONDENTS 4 TO 17.

7. HEARD LEARNED SENIOR COUNSEL APPEARING FOR THE APPELLANT TRUST AND THE RESPONDENTS.

8. LEARNED SENIOR COUNSEL APPEARING FOR THE APPELLANT TRUST HAS CONTENDED THAT THE TRUST IS NOT GETTING ANY AID FROM THE GOVERNMENT AND THE TEACHERS ARE NOT LIABLE TO BE PAID AS PER THE GOVERNMENT ORDERS ISSUED BY THE GOVERNMENT. IT IS CONTENDED THAT THE GOVERNMENT ORDER ISSUED IS NOT APPLICABLE TO THE UNAIDED INSTITUTIONS. THE GOVERNMENT ORDER IS PRODUCED AS ANNEXURE R-3 WHICH SAYS THAT KEEPING IN VIEW ALL THE CENTRAL GOVERNMENT DECISIONS ABOUT THE FIFTH PAY COMMISSION RECOMMENDATIONS MAHARASHTRA STATE HAS APPOINTED A COMMISSION AND THAT THE REVISED PAY SCALES WILL BE IMPLEMENTED FOR THE TEACHERS AND NON-TEACHING STAFF OF THE GOVERNMENT AND NON-GOVERNMENT SCHOOLS BOTH PRIMARY/SECONDARY/HIGHER SECONDARY AND ALSO E TEACHERS AND NON-TEACHING STAFF OF THE TRAINING COLLEGES.

9. IT MAY ALSO BE NOTICED THAT UNDER THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATION ACT, 1977, SECTION 3(1) SAYS THAT THE PROVISIONS OF THE ACT SHALL APPLY TO ALL PRIVATE SCHOOLS IN THE STATE OF MAHARASHTRA, WHETHER RECEIVING ANY GRANT-IN-AID FROM THE STATE GOVERNMENT OR NOT. SECTION 16 FURTHER STATES THAT THE STATE GOVERNMENT MAY BY NOTIFICATION IN THE OFFICIAL GAZETTE, MAKE RULES FOR CARRYING OUT THE PURPOSES OF THIS ACT AND SECTION 16(2)(A) SAYS THAT THE STATE GOVERNMENT MAY BY THE OFFICIAL GAZETTE PRESCRIBE MINIMUM QUALIFICATION FOR RECRUITMENT OF EMPLOYEES OF PRIVATE SCHOOLS (INCLUDING ITS PROCEDURE); (B) THEIR SCALES OF PAY AND ALLOWANCES. THERE IS NO DISPUTE THAT THESE PROVISIONS OF THE REGULATION ACT ARE APPLICABLE TO THE APPELLANT SCHOOL.

10. LEARNED SENIOR COUNSEL FOR THE APPELLANT CONTENDED THAT THE APPELLANT SCHOOL IS DISTINCT AS IT IS NOT RECEIVING ANY AID. EVEN IN THE CASE OF GOVERNMENT ORDER REGARDING PENSION, IT IS SPECIFICALLY STATED THAT THE GOVERNMENT ORDER IS NOT APPLICABLE TO THE SCHOOLS WHICH ARE NOT GETTING AID FROM THE GOVERNMENT. WE DO NOT THINK THAT THE SAID GOVERNMENT ORDER HAS ANY APPLICATION TO THE FACTS OF THIS CASE. THE DIVISION BENCH OF THE HIGH COURT WAS JUSTIFIED IN HOLDING THAT THE APPELLANT SCHOOL WAS LIABLE TO PAY THE SALARY AND ALLOWANCES ON THE BASIS OF THE FIFTH PAY COMMISSION RECOMMENDATIONS AND ARE BOUND BY MAHARASHTRA ACT 3 OF 1978.

11. LEARNED SENIOR COUNSEL FOR RESPONDENTS