JUDGMENT :

AARTI SATHE, J.

1. This Letters Patent Appeal is directed against the judgment and order dated 27^th September 2007 (hereinafter referred to as “impugned order”) passed by the learned single judge in Writ Petition No. 3349/1998 allowing the Petition filed by the Respondent No.1 thereby quashing and setting aside the order of the school tribunal dated 18^th December 1996 on an appeal filed under Section 9(a) of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 (hereinafter referred to as “MEPS Act”). By the aforesaid impugned order the Appellant Society/school was directed to reinstate Respondent No.1 in service with continuity of service and full back-wages.

2. Briefly the facts are:-

i. The Appellant Society/school is a fully government aided school having no other source of income except the annual grant received by them from the government. The Appellant Society/school utilizes this grant/aid received from the government for payment of salaries to the sanctioned strength of 16 teachers and 2 employees and the Appellant Society/school is not allowed to divert the said amount for any other purpose. On 12^th June 1989 Respondent No.1 was