judgment

Altamas Kabir, J. –

1.Leave granted.

2.The Appellant No.1 herein is a Society which runs a school wherein the Respondent No.1 herein was appointed on probation on 4th August, 1992. Pursuant to the order of appointment, the Respondent No.1 joined his duties in the school on 8th August, 1992 and his appointment was approved by the Respondent No.2, The Education Officer (Secondary) Zilla Parishad, District Wardha, Bombay, on probation for a period of two years from 8th August, 1992. Ordinarily, the period of probation would have come to an end on 7th August, 1994, but before completion of the said period, the service of the Respondent No.1 was terminated by the Management of the Appellant-Society with effect from 31st July, 1994, although the order of termination was dated 1st August, 1994, on the ground that his work was found to be unsatisfactory during the period of probation. While terminating his services, the Appellant-Society also paid a sum of Rs.3076/- to the Respondent No.1 as notice pay.

3.The Respondent No.1 challenged the order of termination of his service before the School Tribunal under Section 9 of The Maharashtra Employees of Private Schools (Conditions of Serv