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1987 Supreme(Bom) 190

P.B.SAWANT, G.H.GUTTAL
Krishna Chandra Sharma – Appellant
Versus
Sind Hyderabad National Collegiate Board & others – Respondent


JUDGMENT - G.H. GUTTAL, J.:---These are references made by the College Tribunal constituted under section 42-A of the Bombay University Act, 1974 (hereinafter referred to as the Act) raising an identical issue viz., whether section 42-B(1) of the Act is violative of Article 30(1) of the Constitution of India The Tribunal is constituted for the adjudication of disputes or differences between the employees and the management of the affiliated colleges or recognised institutions (other than those managed and maintained by the State Government or the University) connected with, or arising out of, dismissal or removal of an employee, or the termination of his services otherwise or reduction in his rank.

2. Almost an identical provisions is found in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, (hereinafter referred to as the School Act) where under section 8(1), a School Tribunal is constituted for dealing with the same matters. Hence, we have permitted the petitioners in Writ Petition No. 3097 of 1986 and others in which the Constitution of the School Tribunal under the School Act is challenged on similar grounds, to intervene.

3. The relevant provi














































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