VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT Petition No.3061 OF 2008 The President, Shri Padmavati Shikshan Sanstha & Anr. Petitioners Vs. Shri Ravindra Vishnu More & Ors. Respondents Mr. M. S. Topkar, for the Petitioner. Mr. Amit Borkar, for the Respondent. CORAM : Dr. D. Y. CHANDRACHUD, J. DATE : JULY 2, 2008. PC :- . The challenge in this proceeding is to an order passed by the School Tribunal on 15th March 2008. By the impugned order the Tribunal has allowed the appeal filed by the First Respondent, questioning the termination of his services as an assistant-teacher. The Tribunal granted reinstatement with full back-wages and continuity in service with effect from 8th December, 2004. 2. At the hearing of the petition, the learned counsel appearing on behalf of the Petitioner submitted that by an agreement dated 26th May 2006, the First Petitioner had transferred the management of the school to the Vasudeo - 2 - Nagari Shikshan Prasarak Mandal and Clause (12) of the said agreement provides that the obligation to enforce any order that may be passed by the School Tribunal in the appeal filed by the First Respondent, would be that of the new management. The learned counsel submitted that the aforesaid agreement was as a matter of fact produced before the Tribunal by the First Respondent himself. Consequently, it was urged that it would have been appropriate and proper that the new management be impleaded as a party to the appeal, since it has assumed the obligation to comply with the order passed by the School Tribunal. 3. At the hearing of the present proceeding, the learned counsel appearing on behalf of the First Respondent has on instructions stated that the appropriate course of action should have been for the First Respondent to implead the new management. Since this was not done, the learned counsel stated that permission may be granted to the First Respondent to implead the new management and the proceedings be remitted back to the School Tribunal for fresh hearing and for disposal. However, the learned counsel submitted that a time bound programme may be set down for the expeditious disposal of the appeal. 4. The learned counsel appearing for the Petitioners has no objection to the aforesaid course of action being adopted. Consequently, the following order. - 3 - (i) The impugned order dated 15th March 2008 passed by the School Tribunal is set aside, without the expression of any opinion by the Court on the merits of the rival contentions between the parties and Appeal No. 62 of 2004 shall stand restored to the file of the School Tribunal Kolhapur; (ii) It would be open to the First Respondent to apply before the Tribunal for impleadment of the new management, namely, Vasudeo Nagari Shikshan Prasarak Mandal as a party to the appeal and in the event of such an application being moved, the Tribunal shall pass orders thereon after hearing the concerned parties, including the proposed Respondent; (iii) After the procedural formalities are complete, an endeavour to dispose of the appeal expeditiously be made by the Tribunal, preferably within a period of three months; (iv) All the rights and contentions of the parties are kept open, including such defences which the proposed Respondent may have upon an order of impleadment being passed by the Tribunal. . The Writ Petition shall accordingly stand disposed of. No order as to costs. Sd/- [ Dr. D. Y. CHANDRACHUD, J.]