( 1 ) THE petitioner no. 1 is hon. Secretary of Mistry High School, ratnagiri. The petition questions the legality and validity of the order of the School tribunal, Mumbai, dated 30-04-1993. By the impugned order, the School Tribunal has held that the respondent has not voluntarily resigned and that, in any case, the resignation has been accepted by the wrong authority. In this view of the matter, the School Tribunal has set aside the said resignation and directed reinstatement of the respondent with back wages.

( 2 ) THE respondent was employed as an Asstt. Teacher in the petitioner-school. It appears that he wrote the letter of resignation dated 05-09-1990. He tendered it on 18-12-1990 with an intention that it take effect from June, 1991. Thereafter the respondent filed an appeal before the School tribunal which has been allowed by the impugned order. The learned School tribunal took the view that the resignation letter was obtained under duress by the management of the school in that the respondent was threatened by the Headmaster and some others that if he did not resign, he would be killed. This appears to be based solely on a criminal complaint made by the responden