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2016 Supreme(SC) 1123

S.A.BOBDE, ASHOK BHUSHAN
Jayant Vasantrao Hiwarkar – Appellant
Versus
Anoop Ganpatrao Bobde – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manish Pitale, Mr. Wasi Haider, Mr. Chander Shekhar Ashri
For the Respondents: Mr. Kishor Lambat, Ms. Aditi Deshpande, M/s. Lambat & Associates

ORDER :

1. Leave granted.

2. This appeal is directed against the judgment and order dated 25.08.2015 in Writ Petition No. 738 of 2009 passed by the High Court of Judicature at Bombay Nagpur Bench, Nagpur, wherein the order passed by the School Tribunal had been modified.

3. The School Tribunal by its order dated 03.09.2007 had observed that respondent No. 1-herein, namely, Anoop Ganpatrao Bobde had worked for a year but in the circumstances, found it appropriate not to grant relief of reinstatement in exercise of powers conferred under Section 11(2)(e) of the Maharashtra Employees of private Schools (Conditions of Service) Regulation Act, 1977 for short, “the Act”) which reads as under :

“Where it is decided not to reinstate the employee or in any other appropriate case, *[to give to the employee twelve months' salary (pay and allowances, if any) if he has been in the services of the school for ten years or more and six months salary (Pay and allowances, if any) if he has been in service of the school for less then ten year], by way or compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereunder, as it may specify.”

Presum






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