DR. D. Y. CHANDRACHUD, J.:- The Reference to the Full Bench:

1.1 This reference before the Full Bench raises principally, the issue as to whether a suit is maintainable in a Civil Court in respect of matters set out in section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 12 of the Rules framed thereunder.

1.2 The first respondent was employed by the appellants as an Assistant Teacher on 2nd July, 1993 on a temporary basis and his appointment was renewed for terms of 11 months until 30th April, 1997. On 18th March, 1997, the services of the first respondent were dispensed with. The first respondent instituted a suit in the Court of the Civil Judge, Junior Division, Thane, seeking a declaration that the communication dated 18th March, 1997 is illegal and void; a decree and order to the effect that he is a permanent employee of the educational institution, entitled to the benefits available under the Act and the Rules framed thereunder. The suit was decreed by the Trial Court on 30th August, 1999. An appeal preferred by the management was dismissed by the Additional District Judge at Thane on 6th April, 2001. Both the