ORAL JUDGMENT: (D.K. DESHMUKH, J.)

1. A Division Bench of this court has referred following questions for consideration by a Larger Bench.

(I) Whether an employee employed in a private primary school recognised by a body or officer referred to in sub-section (2) of section 39 of the Bombay Primary Education Act, 1947 can approach the Tribunal under section 9 of the MEPS Act, 1977, if he/she is aggrieved by any action of the management as stipulated in the said provision?

(II) In other words, whether the MEPS Act, 1977 applies to employees of a private primary school recognised by a body or officer referred to in subsection (2) of section 39 of the Bombay Primary Education Act, 1947?

2. The Hon’ble the Chief Justice, therefore, constituted this Bench for consideration of the above quoted two questions.

3. The relevant facts are that the Appellant was in the service of Jhulelal Trust School as Asst.teacher. She was working in the primary school. By order dated 26-11-2007 her services were terminated by the management on the ground that she is surplus.

4. Feeling aggrieved by the termination of service, the Appellant filed an appeal under Section 9 of Maharashtra Employees