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2006 Supreme(Bom) 612

S.U.KAMDAR
PRINCIPAL, K. J. SOMAIYA COLLEGE OF arts AND COMMERCE – Appellant
Versus
NALINI V. KARNAD – Respondent


( 1 ) THESE two petitions are filed by the petitioners challenging the two orders dt. 6-4-2001 and 8-4-2002 in appeal No. 39 of 2000. By an order dt. 6-4-2001, the Tribunal has granted condonation of delay in filing the appeal whereas by the final order dt. 8-4-2002 the appeal of the respondent has been allowed and the order of the College dt. 1-8-1997 appointing the respondent as a part time teacher instead of full time lecturer has been quashed and set aside with. consequent direction to reinstate the petitioners as a full time teacher with all benefits including backwages. Some of the material facts of the present case are briefly enumerated as under :

( 2 ) THE respondent No. 1 was appointed on 8-7-1991 as a lecturer in subject of Kannada in Petitioner College. Respondent No. 1 holds qualification of B. A. and M. A. with Kannada as principal subject. On 5-10-1993 the respondent No. 1s services were terminated due to non-availability of required number of students in Kannada as the respondent No. 1 had declined to take the lectures in foundation course. Against the said order, the respondent No. 1 filed an appeal being appeal No. 49 of 1996 before the Honble University and Colleg












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