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2015 Supreme(Bom) 1962

RAVINDRA V.GHUGE
Osmanabad District Swatantra Sainik Samiti – Appellant
Versus
Jagannath Pandurang Kshirsagar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Ajinkya Kale h/f Shri S.B. Talekar
For the Respondent 2: Shri V.G. Shelke
For the Respondent 3: Deleted vide order dated 15.10.2015

JUDGMENT :

1. This petition was admitted on 17.2.1995. Interim relief in the nature of staying the direction to pay backwages was granted by the learned Division Bench of this Court. Subsequently, since the matter fell within the realm of the Single Judge Bench, this petition is placed before this Court for final hearing.

2. None present on behalf of respondent No.1, despite service of court notice. Learned AGP appears on behalf of respondent No.2.

3. The petitioners have challenged the judgment of the School Tribunal dated 18.8.1994 in Appeal No.60 of 1990, by which the School Tribunal has set aside the oral termination of respondent No.1 and the petitioners are directed to reinstate him on the post of Headmaster with continuity of service and backwages.

4. Shri Kale, learned Advocate on behalf of the petitioners submits that respondent No.1 had brought a case of oral termination dated 12.6.1990 before the School Tribunal. His contention was that he was prevented from signing the Muster Roll with effect from 12.6.1990. Per contra, the petitioners had stated through their written statement that respondent No.1 was never terminated, much less orally. There was no cause of action as ther




























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