JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:-In pursuance of the order of the Court dated 11th December, 2003, issuing notice, the first respondent has appeared. Service has been effected on the second and third respondents and an affidavit of service has been filed. The fourth respondent, the State of Maharashtra is served and appeared on the previous occasion through the A.G.P.

2. The first respondent was appointed initially as an assistant teacher and thereafter since 1st November, 1991 as a Headmaster in a primary school run and conducted by the petitioner at Barshi. On 16th October, 1998, the first respondent tendered his resignation as Headmaster. The resignation, it is admitted, was submitted in person. The management accepted the resignation on 3rd November, 1998. On 7th January, 1999, the first respondent instituted a civil suit contending that the resignation was not voluntary and prayed for reinstatement with back wages. The plaint came to be returned for presentation before the School Tribunal, having regard to the provisions of section 9 of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 ("the Act"). Parties were heard by the School T

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