1. Heard Counsel for the petitioner and the Counsel for the respondent.

2. Petitioner no.1 is a registered public trust. Petitioner no.2 is a school run by the petitioner no.1. Respondent No.1 is a teacher. For the sake of convenience, the petitioner is referred to as “the management” and respondent no.2 is referred as “the teacher”.

3. The petitioners are challenging the judgment and order passed by the Presiding Officer, School Tribunal, Nashik, dated 9th September, 2008. By the said judgment and order, the Presiding Officer was pleased to allow the appeal which was filed by the respondent no.1 herein and was pleased to set aside the order of termination dated 5.6.2003 issued by the management and was pleased to further direct them to reinstate the respondent no.1 on the post of Assistant Teacher with 50% back wages along with consequential benefits attached to the said post.

Brief facts are as under:-

4. The services of respondent no.1 were terminated by the management by letter dated 5.6.2003. The respondent no.1 preferred an appeal before the Presiding Officer, School Tribunal, Nashik. It was urged on behalf of the respondent no. 1 before the Tribunal that he was