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2006 Supreme(Bom) 974

R.M.S.KHANDEPARKAR, S.R.DONGAONKAR
PROGRESSIVE EDUCATION SOCIETY HINGHANGHAT – Appellant
Versus
NITIN KRISHNARAO NIMBALKAR – Respondent


ORAL JUDGMENT

R. M. S. KHANDEPARKAR, J. : - Heard. Admit. By consent, heard forthwith. This appeal arises from the Judgment delivered by the learned single Judge on 22 - 3 - 2006 in Writ Petition No. 317 of 1996. The same is sought to be challenged on three counts : firstly, that the learned single Judge failed to consider the fact that one months salary in lieu of one months notice was offered to the respondent (No.1) by Money Order after issuing the order of termination. Secondly, the learned single Judge failed to take note that the Tribunal did not afford the opportunity of being heard in the matter to the appellants/petitioners before the disposal of the appeal, and thirdly, the entire backwages have been ordered to be paid, ignoring the law on the point of grant of relief in that regard. Reliance is sought to be placed in the decision of the Apex Court in the matter of U.P. State Brassware Corpn. Ltd. Anr. V. Udai Narain Pandey, reported in AIR 2006 SC 586.

2. Perusal of the impugned order discloses clear finding having been arrived at by the learned single Judge to the effect that the requirement of giving advance notice of one month or of paying one months salary i











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