1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 214 OF 2009 IN WRIT PETITION NO. 3921 OF 2009 (Rameshwar Mahadeorao Metange vs. Shikshan Seva Mandal & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : S.A. BOBDE & F.M. REIS, JJ. JUNE 29, 2009. Heard Shri Kothale, learned counsel for the appellant and Shri Kankale, learned AGP for respondent No. 3. This is an appeal against the judgment passed by the learned Single Judge upholding the order of the School Tribunal in refusing to condone delay of about 18 months in filing the appeal. The petitioner’s services were said to have been was terminated on 2.4.2007. Thereafter he filed a suit on 18.4.2007. He withdrew the suit on 5.2.2008 and filed an appeal before the School Tribunal on 15.2.2008. However, the period for which the explanation is not forthcoming is not the period during which the appellant had filed the suit. It is for the period from 2.4.2005 to 8.9.2005. According to the appellant, he was allowed to work till 2.4.2007, the day from which he claimed his services were terminated but he was not allowed to sign the Muster Roll from 8.7.2005 and therefore, this delay cannot be considered 2 to be delay in approaching the Tribunal since he was working till the latter date. However, it has been observed by the Tribunal and also by the learned Single Judge that there is no evidence whatsoever of the appellant having worked for the period from 8.7.2005 to 18.4.2007. Shri Kothale, learned counsel for the appellant submitted that such can be produced in the appeal. We are unable to accept this argument. There is no evidence of the appellant coming forth either by way of some time table or some affidavit of co- employee. In fact, we have noted in para 6 of the judgment of the Tribunal that it is appellant’s own case that the cause of action arose on 8.7.2005. There is thus no merit in the present appeal which is hereby dismissed. JUDGE JUDGE *GS.