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2009 Supreme(Bom) 1169

A.B.CHAUDHARI
Ghateshwar (Ghatadi) Seva Sastha, A registered Public Trust Under Bombay Public Trusts – Appellant
Versus
Hemant s/o Vinayakrao Purohit – Respondent


Advocates appeared:
For the Petitioner:A.P. Lakhnikar, Advocate. For the Respondents:R1, S.G. Joshi, h/f A.S. Mardikar, Advocates, R3 & R4, J.B. Jaiswal, AGP.

Judgment :

1. Being aggrieved by the judgments and orders, dated 29.4.2000, passed by the Presiding Officer, School Tribunal, Nagpur in seven appeals preferred by seven employees, holding termination of service effected by the petitioner illegal and directing the Management to pay compensation equal to salary of 24 months and costs of Rs.2000/- of each appeal in exercise of power under Section 11 (f) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as 'Act'), these writ petitions were filed in this Court.

2. In support of the writ petitions, learned Counsel for the petitioner argued that the Tribunal has found fault with the action of the petitioner - Management in making/offering payment of three months' salary in lieu of three months' notice as contemplated by Rule 25 A of the Maharashtra Employees of Private Schools (Conditions of Service), Rules, 1981 (hereinafter referred as to as 'Rules') only on the ground that the said Rule provides for notice of three months but does not provide for salary of three months in lieu thereof. According to learned Counsel for the petitioner, this is the only point on which term















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