wp3702.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3702/2011 Head Master, Shahbabu Urdu High School and Junior College and another -vs- Narayan Motiram Gawai and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri A. V. Khare, learned counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : 24.08.2011. Heard. The Presiding Officer, School Tribunal, Amravati was justified in allowing the application filed by the respondent No.1 for condonation of delay in filing the appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977. Though there was a delay of twelve years six months and eight days, the delay has been satisfactorily explained by the respondent No.1. The respondent No.1 had approached the Civil Court on 20/07/1998 for the redressal of his grievance in stead of filing the appeal before the School Tribunal against the order of his termination. After the csivil suit was decreed and an appeal was filed by the petitioner against the same, the respondent No. 1 applied to the First Appellate Court for withdrawal of the Regular Civil Suit No.419/1998 and the First Appellate Court permitted the respondent to withdraw the suit and file fresh wp3702.11.odt 2/2 proceedings before the competent authority by the order dated 10th of December, 2010. It is in view of this permission granted by the First Appellate Court, that the respondent No.1 immediately filed an appeal before the School Tribunal, Amravati along with an application for condonation of delay in filing the appeal. The School Tribunal, under the provisions of Section 14 of the Limitation Act rightly excluded the period spent by the respondent No.1 in prosecuting the proceedings before the wrong forum, in good faith. The Presiding Officer, School Tribunal, Amravati rightly held that there was sufficient reason for condoning the delay and hence condoned the same by the impugned order dated 18/06/2011. The order dated 18/06/2011 is just and proper and does not suffer from any illegality. The judgment reported in 2010(6) SCALE 749 and specially paragraph No.13 thereof, relied on by the counsel for the petitioner cannot be made applicable to the facts of this case. In the result the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE