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1995 Supreme(Bom) 49

R.M.LODHA
Sangam Education Society, Nagpur & another – Appellant
Versus
Bharti Hansraj Borkar & another – Respondent


JUDGMENT - LODHA R.M., J.:—The only contention raised by the learned Counsel for the petitioners challenging the order passed by the First Labour Court, Nagpur, dated 6-6-1989 is that the Labour Court had no jurisdiction to award unpaid salary to the respondent No. 1 for the period from 16-12-1982 to 30-4-1983 because the said dispute could be only agitated before the School Tribunal constitued under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the order passed by the First Labour Court, Nagpur impugned in the present writ petition is liable to be quashed and set aside.

2. In opposition to the contention raised by the learned Counsel for the petitioner, it is contended by the contesting respondent No. 1 that the claim of the unpaid salary for the period from 16-12-1982 to 30-4-1993 could not have been made by the respondent No. 1 before the School Tribunal and, therefore, the jurisdiction of the Labour Court was not barred.

3. To appreciate the rival submissions of the learned Counsel for the parties, brief relevant facts may be adverted to first. It is not in dispute that the respondent No. 1 was in the employment of the petitione































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