1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2828 OF 1999 The Secretary, Chetana Education Society & Ors. ...Petitioners. Vs. Bharatkumar Radhakrishna Rai & Ors. ...Respondents. .... Mr. A.G. Kothari for the Petitioner. Mr. M.v. Limaye for Respondent No.1. ..... CORAM :DR.D.Y.CHANDRACHUD, J. April 3, 2008. P.C.: The Petition arises out of an order dated 12th October 1998 passed by the Presiding Officer of the School Tribunal at Navi Mumbai, allowing the appeal preferred by the First Respondent against the termination of his services. The Tribunal has directed that the First Respondent be reinstated with back wages. In pursuance of an order dated 14th March 2008, the record and proceedings was called. Upon perusing the record and proceedings, both the Learned Counsel are agreed in stating before the Court that there was a delay 2 in preferring the appeal and an application for condonation was filed before the School Tribunal. The Tribunal has, however, disposed of the appeal without condoning the delay and deciding upon the application. In the circumstances, the judgment of the Tribunal would have to be quashed and set aside and is accordingly set aside, since without condoning the delay, the Tribunal could not have exercised jurisdiction and decided the appeal on merits. The impugned order dated 12th October 1998 is set aside. Appeal No.70 of 1997 is restored to the file of the Presiding Officer of the School Tribunal at Navi Mumbai. Parties shall appear before the Tribunal for directions on 24th April 2008, so that the Tribunal may set down a time schedule for expeditious disposal of the appeal. The Writ Petition is disposed of in the aforesaid terms. There shall be no order as to costs. .....