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2023 Supreme(Bom) 453

NITIN JAMDAR, NITIN W. SAMBRE, ABHAY AHUJA
Hashmiya Bahrul Faiz Social Welfare Association – Appellant
Versus
Abdullah M. Shukur Qureshi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Narendra V. Bandiwadekar, Senior Advocate, with Mr.Yogesh G. Thorat, Mr.Sagar Mane and Mr.Vinayak Kumbhar i/b. Mr.Ashok B. Tajane for the Petitioner
For the Respondent:Mr. I.M. Khairdi with Ms.Pooja Bendkule and Mr.Sachin Patil, Dr.Birendra Saraf, Advocate General with Ms.Shruti D. Vyas, ‘B’ Panel Counsel

JUDGMENT :

Nitin Jamdar, J.

The Full Bench is called upon to answer the reference made by the learned Single Judge by order dated 24 November 2021 concerning the jurisdiction of the School Tribunal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977.

2. Following events led to the reference. The Petitioner- Hashmiya Bahrul Faiz Social Welfare Association conducts D.Ed. College for girls at Solapur. Abdullah M. Shukur Qureshi, Respondent No.1, was appointed as an Assistant Teacher in the D.Ed College. Respondent No.1 filed an Appeal No.21/2013, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 (MEPS Act) in the School Tribunal at Pune, claiming that he was being harassed by the Petitioner- Management who was not allowing him to perform his duties, which resulted in his illegal termination. The Petitioner and its Principal- Respondent No.2, filed a reply opposing the appeal, arguing that Respondent No.1 was not qualified to hold the post and was habitually absent. They sought dismissal of the appeal on these grounds. After considering the evidence on record, the School T

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