A. P. DESHPANDE, J.

( 1 ) THE learned Single Judge of this Court, justice A B Naik, disagreeing with the view expressed by another learned single Judge of this Court in the case of Bal Shikshan Mandal, Sangamner and another vs Poonam Rameshwar Joshi and another reported in 2002 (4) Mh L J 848, has made a reference and hence, the matter is placed before this Division bench.

( 2 ) IN the case of bal Shikshan Mandal, the school management had dismissed the employee and aggrieved thereby, he had filed an appeal before the school Tribunal, Solapur under section 9 of the Maharashtra Employees of private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the n. E. P. S. Act for the sake of brevity ). The School Tribunal allowed the appeal on the ground that the employee was not granted reasonable opportunity of being heard in the inquiry proceedings and further recorded a finding that the inquiry stood vitiated having not been conducted in conformity with the procedure laid down under Rules 36 and 37 of the Maharashtra employees Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as the m. E. P. S. Rules for the sake of brevit