1. This petition takes exception to the order passed by the School Tribunal Nagpur dated 11-4-2005 passed on the application for condonation of delay in filing appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 (for short the said Act). Similarly, order dated 18-7-2005 deciding the preliminary issues and judgment dated 8-8-2005 passed in the aforesaid appeal allowing the same are also under challenge.

2. The respondent No.1 claims to have been appointed on probation on the post of Assistant Teacher on 6-7-1999. The initial appointment was made by Sadbhawana Bahuuddeshiya Shikshan Sanstha which was running the petitioner No.2 school. The said school thereafter was transferred to petitioner no.1 society and according to respondent No.1, he continued to serve in said institution. On 23-6-2004, respondent No.1 was not permitted to resume his duties and as his services were orally terminated on 21-9-2004 he preferred appeal under Section 9 of the said Act along with an application for condonation of delay. The learned Presiding Officer of the School Tribunal by order dated 11-4-2005 condoned the delay in filing