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1987 Supreme(Bom) 132

S.M.DAUD
National Education Society s High School & Junior College – Appellant
Versus
Lulomool Monachary (Mrs. ) – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution is to assail the verdict of the School Tribunal in an appeal before it vide section 10 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (Act).

2. As I do not propose to dilate at length on the several points that have been raised by Counsel, the facts to be stated here are restricted to those relevant for a consideration of the points at issue.

The petitioner runs a High School-cum-Junior College in Bombay and one of the teachers working there, in a permanent vacancy, was Mrs. Kochar. That lady left the employment of the petitioner in about February 1984, To fill in the vacancy, petitioner issued a letter of appointment to the respondent, which to the extent relevant, reads thus :---

"Your appointment is purely temporary for a period of three months from 4-2-1984 to 30-4-1986 in the leave/deputation vacancy. After expiry of the above period, your services shall stand terminated without any notice."

For the academic session 1984-85, there was a fresh letter of appointment, and being dated 13-6-1984, specified thus :---

"Your appointment is purely temporary for a pe














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