:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2425 OF 2008 CIVIL APPLICATION NO. 2425 OF 2008 CIVIL APPLICATION NO. 2425 OF 2008 IN IN IN WRIT PETITION NO. 7176 OF 2007 WRIT PETITION NO. 7176 OF 2007 WRIT PETITION NO. 7176 OF 2007 Shree Bhayander Kelvani Mandal (through its Secretary / Chairman) & Anr. ..Petitioners versus Mahendra Prasad Mishra & Ors. ..Respondents WITH WITH WITH CIVIL APPLICATION NO. 2426 OF 2008 CIVIL APPLICATION NO. 2426 OF 2008 CIVIL APPLICATION NO. 2426 OF 2008 IN IN IN WRIT PETITION NO. 7181 OF 2007 WRIT PETITION NO. 7181 OF 2007 WRIT PETITION NO. 7181 OF 2007 Shree Bhayander Kelvani Mandal (through its Secretary / Chairman) & Anr. ..Petitioners versus Jainath Prajapati & Ors. ..Respondents Mr. R. S. Apte i/b. Mr. N. R. Bubna for the Petitioners / Applicants. Mr. M. P. Vashi for the Respondent No. 1. Mr. R. M. Patne, AGP, for the Respondent Nos. 2 & 3. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 9TH FEBRUARY, 2009 DATE : 9TH FEBRUARY, 2009 DATE : 9TH FEBRUARY, 2009 P.C. P.C. P.C. . Heard. :2: 2. It appears after hearing the parties for some time that it may not be possible for the Management to reinstate the respondents at this stage, in view of the peculiar circumstances in which the workload for a Hindi Medium Teachers is said to be going down. The Education Officer supports this stand of the management. Mr. Apte for the Management submits that direction of the Tribunal in the Order dated 13.8.2007 for payment of backwages to the respondents - teachers is not in accordance with law since there is no enquiry into whether the respondents teachers were gainfully employed after their terminations. 3. The learned counsel for the respondents teachers submit that it was not for the teachers to prove that they were not employed and the Order need not be interferred with because the management has not pleaded that the respondents teachers were in fact gainfully employed. Without going into the merits of this contention pertaining to pleading, I am of view that it is necessary in the interest of justice that an enquiry be made into the question whether the respondents teachers were gainfully employed in view of the specific submissions of the :3: management before this Court and having regard to the Order dated 29.2.2008 of the Supreme Court in SLP No. 17205 of 2006. Accordingly, the order for payment of backwages is hereby set aside. There shall be an order in terms of prayer clause (a) of the Civil Applications. 4. Pending this writ petition, the Tribunal is directed to go into the question whether the respondents teachers were gainfully employed after their terminations in question. The parties will be at liberty to file pleadings and lead appropriate evidence in that regard. The Tribunal is directed to make a report on this finding not later than three months after the date the parties appear before it. The parties are directed to appear before it on 2.3.2009. 5. Civil Applications are disposed of. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)