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 still another letter of the same date addressed to the Chairman of the Enquiry Committee, he pleaded guilty of all the charges against him and expressed regrets. He also prayed for sympathetic considerations of his prayers, probably referring to the prayer for permission to go on voluntary retirement and to take up any other work in the meantime. The Secretary of the School by his letter dated 28 April, 1984 informed the respondent about the submission of the decision of the Enquiry Committee to the Society for further action. A copy of the decision of the Enquiry Committee was also forwarded to the respondent. It was further stated in the said letter:

"You have pleaded guilty to all the charges levelled against you and expressed your regrets and you have also requested to consider (your case) sympathetically.

As per the decision of the Enquiry Committee:

(a) You will go on leave without pay from the commencement of the Education year 1984-85 in response of your application.

(b) You will never work in this school hereafter as a teacher.

(c) You will retire voluntarily immediately on receiving orders regarding voluntary retirement.

You should handover the charge to the Head Master immediately on receipt of this letter."

It appears that on 15 May, 1984 the applicant acknowledged the above letter dated 28 April, 1984 and intimated the Secretary of the applicant-society that he had handed over charge to the Supervisor on 20 April 1984. He also informed that he had returned the books to the Library and thus complied with all the requirements of his above letter. However, subsequently, he filed an appeal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("Act of 1977") and Rules made thereunder challenging the order dated 28 April, 1984 and seeking relief of reinstatement and back wages. This appeal was filed on 9 July, 1984. The respondent filed another appeal on 1 August, 1984 purporting to be corrected appeal. The appeal was found to be barred by limitation. The contention of the respondent teacher was that it was within time. It was, however, contended that even if it was held to be barred by limitation there was sufficient cause for alleged delay which would justify condonation. The Tribunal, however, dismissed the appeal on the ground of limitation. The order of the Tribunal was challenged by the respondent in the High Court by filing a writ petition which was dismissed by the High Court at the admission stage. The respondent thereafter filed a civil suit in the Court of Civil Judge, Senior Division, Pune challenging the order of the applicant-society dated 28 April, 1984 and seeking relief of reinstatement with back wages and other monetary benefits. The applicant, who was defendant

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