(1) lpa76-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 76 OF 2009 IN WRIT PETITION NO. 2119 OF 1997 Bhikan Sakharam Patil APPELLANT VERSUS The President, Sharda Vidya Prasarak Mandal, Sakali Gat, Sakali and others. RESPONDENTS ..... Mr. V.D. Gunale, advocate for the appellant. Mr. S.M. Kulkarni, advocate for the respondent Nos. 1 and 2. Mr. N.B. Patil, A.G.P. for the Respondent No. 4. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 2nd AUGUST, 2011 ORAL ORDER: 1. The appeal is directed against the order of the learned Single Judge, denying the appellant backwages. The School Tribunal, by its order which was impugned in the writ petition, has granted reinstatement with continuity of service and backwages to the appellant. Aggrieved by this decision, the Management had challenged the order of the School Tribunal before the learned Single Judge. (2) lpa76-09 The learned Single Judge has denied the backwages to the appellant mainly on the ground that the appellant had not worked during the period after his termination from service till he was reinstated and secondly, because some other person had been employed in the place of the appellant. 2. In our opinion, the reason stated by the learned Single Judge that the backwages must be denied because some other person had been employed after the termination of service of the appellant, cannot be accepted for denying him backwages. The Tribunal has found that the termination of service of the appellant was illegal. The learned Single Judge has confirmed this order and in these circumstances, it is obvious that the termination of service of the appellant was due to no fault of his. He was kept out of service by the Management without any reason and in breach of law and, therefore, he has been granted reinstatement with continuity in service. 3. However, the issue as to whether the appellant is entitled to backwages for the period of his unemployment from 7th March, 1995 till he secured (3) lpa76-09 employment in another school on 1st July, 1998 is an issue which will have to be decided by the Tribunal. In these circumstances, the matter is remanded to the School Tribunal to decide the following issue : "Whether the appellant is entitled to backwages for the period from 7th March, 1995 i.e. the date of his termination from service till 1st July, 1998 i.e. the date on which he secured employment elsewhere ?" 4. The Tribunal shall decide this issue within three months from today. The parties are permitted to file affidavits and documents in order to support their respective cases. The Appeal is disposed of accordingly. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] npj/lpa76-09