1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 95/2010 Ramesh Balwant Baxi -: versus :- Presiding Officer, School Tribunal and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 09, 2010. Heard Shri N. Khamborkar, learned counsel for petitioner, learned A.G.P. for respondent nos. 1 and 4, Shri A.K. Bangadkar, learned counsel for respondent no.2 and Shri M.M. Sudame, learned counsel for respondent no.3 – Headmaster. Shri Khamborkar, learned counsel states that delay of 14 years has been condoned because the then headmaster did not cooperate with the Management. He further points out that in 1995 one Class-IV post was reduced and because of said reduction, services of respondent no.2 who had then not even worked for one year were terminated. Shri Bangadkar, learned counsel for respondent no.2 has pointed out that as respondent no.2 initially approached Labour Court and then Industrial Court and ultimately when it was held that School Tribunal has jurisdiction, he approached School Tribunal. School Tribunal 2 issued notice to headmaster as also management and thereafter the delay has been condoned. He points out that the present Writ Petition is not filed by the Management, but has been filed by Shri Ramesh Baxi, by describing himself as Secretary and there is no resolution of the management in support of said writ petition. He states that the present headmaster is now colluding with the petitioner and respondent no.2 is already reinstated in service. In this situation, as I find that there is no resolution passed by the management to approach this Court and respondent no.2 is already reinstated and after reinstatement the education department has granted approval, the other contentions on merits cannot be gone into. Shri Khamborkar, learned counsel seeks leave to withdraw the present Writ Petition with liberty to present appropriate Writ Petition. In view of the request made, Writ Petition is allowed to be withdrawn. All contentions raised by the parties are kept open. No cost. JUDGE Rgd.