1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4921/2008 (Bhartiya Dnnanpeeth Mandal vs. Sau Kumud Malharrao Deshmukh and others) ====================================== CORAM : B.P.Dhamadhikari, J. DATE : 25 st NOVEMBER, 2008 Heard Advocate Kasat for petitioner/ employer and Advocate Vaishnav for Respondent No.1 – Caveator. Service of notice upon respondent No. 2 is dispensed with. Advocate Kasat argues that School Tribunal has found that Respondent No.1 continued to work upto 30th April 2005 i.e. beyond the date of her superannuation, which was 16.1.2005. He, therefore, states that in view of this finding, the School Tribunal ought to have dismissed the appeal by observing that there was no termination. He contends that when there was no termination, the appeal before the School Tribunal was without jurisdiction. Advocate Vaishnav argues that the effect of judgment of School Tribunal is only to show that there was no termination and respondent no.1 has continued upto 30th April, 2005. He points out that petitioner is unaided financial institution and 2 whatever the terminal benefits the respondent no.1 is entitled to, she has to recover it from the petitioner only. In view of this position, it is apparent that though respondent no.1 approached School Tribunal with grievance that she was orally terminated, the School Tribunal itself has found that she continued till the last day of academic year in which she attained the superannuation in January, 2005. It is, therefore, clear that case of termination was not made out, but perhaps considering the nature of employment and the fact that respondent no.1 has to recover all her dues from petitioner only, the School Tribunal has delivered the judgment. As I find that the judgment does not result in any prejudice to the petitioner and also in any additional advantage to the present respondent no.1, I am not inclined to interfere in the matter in writ jurisdiction. Writ petition is dismissed with no order as to costs. JUDGE Rvjalit