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2022 Supreme(Bom) 1333

MANISH PITALE
Uktranti Mandal, Jarud – Appellant
Versus
Shriram Manohar Bande – Respondent


Advocates appeared:
Radhika Raskar, Advocate, R.D. Dharmadhikari, Advocate, D.P. Thakare, Advocate

JUDGMENT

Manish Pitale, J. - Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.

2. By this writ petition, the petitioners i.e. the Management and the School have challenged judgment and order dated 25/01/2019, passed by the School Tribunal, amravati, whereby oral termination of service of respondent No.1 has been set aside and the petitioners have been directed to reinstate him with 50% back-wages, along with other consequential benefits.

3. In the present case, the respondent No.1 was working in the petitioner No.2-school as an assistant Teacher. On 10/10/2017, the respondent submitted his resignation from the said post. It was the case of the respondent that subsequently on 25/10/2017, he withdrew his resignation by a letter, which he posted on 03/11/2017. He claimed that on 23/11/2017, he went to the school to resume his service when the Headmaster of the petitioner No.2 school did not allow him to sign on the muster role and that subsequently on 27/11/2017, he received a letter stating that he was relieved from his service. It was the case of the respondent that since he had withdrawn his resignation, the pet

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