wp1571of10.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1571 OF 2010 The President/Secretary, Ghatkopar Shikshan Prasarak Mandal & anr Petitioner -versus The State of Maharahstra and ors .. Respondents. Ms V. S. Jagdale, for the Petitioner. Mr. S.D. Rayrikar, AGP for respondent Nos l & 4. Mr. R. J. Dhond, for respondent No.3. CORAM: ANOOP V. MOHTA, J. DATED: 27 th April, 2010 P.C. 1. The petitioner management has challenged basically the order dated 27th April,2004, passed by School Tribunal, by present petition dated 24th February,2010. Earlier challenge to the same order as submitted by the learned counsel for respondent NO.3 was already disposed of against original order. Therefore, there is no question to interfere with the same challenge . 2. The challenge to the initiation of Misc. Application No.42 of 2009, based upon the original order for execution of the said order is without any substance. Misc. Application was filed to get the basic order implemented through the Court as provided under wp1571of10.sxw 2 section 11 (3) of Maharashtra Employees of Private Schools(Conditions of Service) Regulation Act, l977 (for short called as "MEPS Act). It is difficult to accept the submission so raised by the learned counsel, appearing for the petitioner that such application ought not to have filed or and it is not maintainable. The averments so raised in Misc. Application including the prayer clause not yet decided finally by the Tribunal, the Tribunal will pass orders on such application. There is no question of restraining or quashing and setting aside the such initiation of proceeding under the Act. 3. Such frivolous petition, in my view deserve to be dismissed with costs. A party cannot be restrained from filing appropriate application specifically when those remedies are available and are within the framework of law. Resultantly the petition is dismissed also with costs of Rs.2,000/- to be paid to respondent No.3 within a period of two weeks. (ANOOP V. MOHTA, J.)