JUDGMENT

 TARUN CHATTERJEE, J.

1. Leave granted.

2. This appeal is directed against the judgment and final order dated 11th of January, 2008 passed by a Division Bench of the High Court of Judicature at  Bombay, Nagpur Bench, Nagpur in LPA NO.11/2007 whereby the Division Bench of the High Court rejected the LPA filed by the appellant upholding the views taken by the learned Single Judge with the  directions made by the School Tribunal to reinstate the respondent No.1 with full back wages in respondent No.4 - School run by the appellant - Samiti.

 3. Having heard the learned counsel for the parties and  after going through the materials on record, we are of  the view that in the present case, the question of  interference by us under Article 136 of the  Constitution is not at all necessary, as in this case we  find from the impugned order that the tribunals  below concurrently found that the appointment of the  respondent No.1 was against a permanent vacancy  and on completion of two years probation period in  the said permanent post, it must be held that the  services are deemed to have been confirmed. Since,  we do not find any perversity in the findings of the  tribunals below, we are not inclined to interfere with  the same. However, on the question of payment of full  back wages, we are of the view that since respondent  No.1 had not worked he would not be entitled to get  full back wages, on the other hand he should be  granted 50% of the back wages.

  4. Accordingly, this appeal is disposed of with the above  modification that the respondent shall be reinstated if  not already done and he would be entitled to 50% of  back wages from the appellant.

  5. Subject to this modification, the appeal stands  disposed of. There will be no order as to costs.