Court notes failure by respondents to comply with School Tribunal's 2007 order. Notes Section 13 of relevant Act provides statutory remedy for such failure. Disposes of petition keeping merits open.
Petition disposed of with liberty to the petitioner, keeping issues on merits open.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3512 OF 2015
Sou. Mugdha Makarand Ratnaparkhi ... Petitioner V/s. State of Maharashtra & Ors. ... Respondents
Mr. S.S. Aradhye for the Petitioner. Mr. Vikas Mali, AGP for Respondent Nos.1 and 2. Mr. I.M. Khairdi for Respondent Nos.3 and 4.
CORAM : NARESH H. PATIL AND M. S. SONAK, JJ .
5th January, 2016 .
P.C.
The petitioner seeks directions to the respondents to comply with the judgment and order dated 3rd April 2007 passed by the Presiding Officer, School Tribunal, Pune Region, Solapur in Appeal No. 126 of 2006.
2] Learned counsel appearing for the petitioner submitted that as the respondents failed to comply with the order, an application was presented to the Tribunal. The Tribunal passed an order below Exhibit-1 in Misc. Application No. 12 of 2011 on 7th January 2013. Even these directions are not complied with by the respondents. Learned counsel appearing for the petitioner further submitted that since last several years the petitioner is making various efforts for seeking compliance of order of the Tribunal.
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3] Learned counsel appearing for the Management refuted the allegations leveled against the Management.
4] Without entering into the merits of the contentions raised by the contesting parties, we observe that the provisions of Section 13 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 refer to penalty to Management for failure to comply with Tribunal's directions. In case there is failure, the petitioner has adequate statutory remedy. Keeping all issues on merits open, petition is disposed of with liberty to the petitioner.
(M. S. SONAK, J.) (NARESH H. PATIL, J.)
Dinesh Sherla
2 issues framed by the court
Whether directions are issued to respondents to comply with the School Tribunal's judgment of 3rd April 2007 given failure to implement same.
Whether petitioner has adequate statutory remedy under Section 13 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 for non-compliance with Tribunal's direct
1 provisions across 1 enactments
Sou. Mugdha Makarand Ratnaparkhi
State of Maharashtra
NARESH H. PATIL
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
