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2022 Supreme(Bom) 1259

A.S.CHANDURKAR, ANUJA PRABHUDESSAI
Mahendra Rushi Dhawade – Appellant
Versus
Education Officer (secondary) Zilla Parishad – Respondent


Advocates appeared:
P.N.Shende, Advocate, H.N.Jaipurkar, Advocate

JUDGMENT

a.S.Chandurkar, J. - RULE. Rule made returnable forthwith. Heard the learned counsel for the petitioner and the learned assistant Government Pleader for the respondent no.1. Despite service, the respondent no.2-Management has not chosen to contest the writ petition.

2. The petitioner being a trained graduate was appointed as an assistant Teacher on probation by an order dated 03.07.1991. His services were however terminated on 28.04.2014. The petitioner approached the School Tibunal by filing an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) act, 1977 (for short, 'the act of 1977'). The School Tribunal by its judgment dated 26.07.2017 set aside the order of termination and directed reinstatement of the petitioner with continuity and back wages. Liberty was granted to the Management to hold a fresh enquiry after his reinstatement and on payment of back wages. This order of the School Tribunal was unsuccessfully challenged by the Management initially in Writ Petition No.78 of 2018 before this Court and thereafter by filing a Special Leave Petition before the Hon'ble Supreme Court. With the dismissal of the Special Leave Petition

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