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1985 Supreme(Bom) 337

C.S.DHARMADHIKARI, V.P.SALVE
Bharatiya Shikshan Prasarak Sanstha & another – Appellant
Versus
Pralhad Apparao Mane & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioners in this case have challenged the notice dated 8/8/1981 issued by the Labour Court in Reference No. (IDA) B. No. 1 of 1981 on the ground that the said reference itself is not maintainable in view of the provisions of section 42-E of the Marathwada University Act, 1974.

2. It is clear from the record that respondent No. 1 Shri Mane, whose services were terminated by Kholeshwar Mahavidyalaya, Ambejogai, approached the College Tribunal for Marathwada University at Aurangabad. After hearing both the sides the Presiding Officer of the College Tribunal dismissed the appeal filed by Shri Mane. The said order was not challenged by Shri Mane before any forum and therefore, under section 42-E the decision of the Tribunal became final and binding upon the parties. Section 42-E of the Act read as under:

"42-E. Notwithstanding anything contained in any law or contract for the time being in force, the decision of the Tribunal on an appeal entertained and disposed of by it, shall be final and binding on the employee and the Management; and no suit, appeal or other legal proceeding shall lie in any Court or before any other/Tribunal authority, in r




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