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2022 Supreme(Bom) 855

ROHIT B.DEO
Lady Yashodabai Joshi Ladies Club – Appellant
Versus
Shilpa Sanjay Khandekar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. T. Gilda, Mr. A. J. Gilda
For the Respondent: Mr. V. A. Kothale, Mr. S. M. Ukey

JUDGMENT :

1. Heard Mr. J.T. Gilda, learned Senior Counsel for the petitioners, Mr. V.A. Kothale, learned Counsel for respondent 1 and Mr. S.M. Ukey, learned Additional Government Pleader for respondent 2.

2. Rule. Rule made returnable forthwith. With consent, the petition is heard finally.

3. Petitioner 1 is a registered Public Trust, which administers petitioner 2-school (petitioners shall be collectively referred to as “the management”).

4. The management is assailing the judgment and order dated 01-4-2022 rendered by the Presiding Officer, School Tribunal, Amravati (Tribunal) in Appeal 12/2020, whereby the appeal preferred by respondent 1 (employee) is partly allowed, the notice of termination dated 16-4-2019 is set aside, the employee is deemed to be in continuous service from 16-7-2019 and is held entitled to all service benefits excluding the benefit of earned leave, the management is directed to pay full back-wages to the employee from 16-7-2019 till the date of judgment, the management is directed to follow the procedure contemplated in Rule 27(d) and (e) read with Rule 25A of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Rules, 1981 (Rules) a

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