JUDGMENT - Dr. B.P. SARAF, J.:--This revision application is directed against the order of the Civil Judge, Pune dated 11 September, 1990 rejecting the preliminary objection of the applicant to the maintainability of the suit on the ground of availability of alternate remedy under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("the Act") and the rules framed thereunder and bar of res-judicata.

2. The applicant, Rastha Peth Education Society, runs a number of educational institutions at Pune. The respondent was employed as a teacher in a school run by the applicant since 1965. In the year 1984 an enquiry was instituted against him on various charges in which he was found guilty. It appears that by a letter dated 19 April, 1984 addressed to the Head Master of the School, the respondent applied for voluntary retirement and also sought permission to take up any other employment in the meantime. By a letter of the same date to the Chairman of the Enquiry Committee instituted to go into the charges against him, he reiterated his desire to go on voluntary retirement and intimated his decision not to join the school again in any event. By stil

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