: 1 : wp.9969.2010+ vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9969 OF 2010 Central Hindu Military Education Society, Nasik & anr. .. Petitioners V/s. Shri Vivek Vasantrao Raje & Ors. .. Respondents a/w WRIT PETITION NO.9970 OF 2010 Central Hindu Military Education Society, Nasik & anr. .. Petitioners V/s. Shri Rajendra Popatrao Patil & Ors. .. Respondents Mr.A.J. Kandarkar for the Petitioners Mr.C.R. Sadasivan with N.M. Ganguli for the Respondent No.1 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: NOVEMBER 8, 2011 P.C.: 1. Heard the learned Counsel for the respective parties. 2. The petitioner management is aggrieved by the order dated 1.9.2010 passed by the Respondent No.3 University. By the said order, the recommendations of the Grievance Committee have been accepted : 2 : wp.9969.2010+ and the petitioners have been called upon to comply with the said recommendations. 3. It was submitted by the learned Counsel for the Petitioners that an opportunity of hearing was not granted to them either by the Management Council or the Grievance Committee and in any case no details of the payment of arrears were placed before the Grievance Committee. 4. Principles of natural justice were not followed and it was necessary for the Management Council to hear the petitioners while accepting the recommendations submitted by the Grievance Committee. 5. As noted earlier, the petitioners have deposited the amount of arrears alongwith 10% simple interest on the said amount so as to show their bonafides and for being heard by the Management Council of Respondent No.3 University. As per section 57 of the Maharashtra Universities Act, 1994, there shall be Grievance Committee in each University to deal with grievance of the teachers and other employees of the University, Colleges, Institutions and recognised institutions. The : 3 : wp.9969.2010+ Committee shall hear and settle the grievance as far as practicable within six months and make a report to the Management Council. However, the grievance to be heard or dealt with by the Grievance Committee shall be those which are not within the jurisdiction of the University and College Tribunal. At the same time, as per section 57(2) of the Maharashtra Universities Act, the report submitted by the Grievance Committee has to be considered by the Management Council so as to take such action as it deems fit and the decision of the Management Council while considering the report of the Grievance Committee must hear the management as well as the employees who had raised their grievances before the Grievance Committee. This has not been done in the instant case. 6. We, therefore, by consent remand the case to the Management Council for a de novo hearing and set aside the impugned order. The parties are at liberty to place additional record, if any, before the Management Council so as to deal with the report submitted by the Grievance Committee. The Management Council will hear both the parties and pass a fresh order as expeditiously as possible and preferably by 31.1.2012. The parties to appear before the Management Council on or before 30.11.2011. We also make it clear that the amount : 4 : wp.9969.2010+ deposited is without prejudice to the rights and contentions of the parties and it shall be subject to the fresh decision of the Management Council. 7. The deposited amount be invested in a fixed deposit for a period of three months by the Registry of this Court, immediately. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)