1 WP2209.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2209 OF 2011 Anjuman Pahem Visale Taleem through its Secretary Shri Saleem Ibrahim Vasta & anr. ... Petitioners v/s Shri Mulla Mazsoodahmad Allabaksh & ors. ... Respondents Mr.S.V.Pitre for the petitioners. Mr.A.M.Joshi for respondent No.1. Mr.A.D.Kango, A.G.P. for Resp. Nos.3 and 4. CORAM: K.K.TATED, J. DATED: 29TH APRIL, 2011 P.C.: 1. Heard learned counsel appearing for the parties. 2. Rule. By consent matter is taken up for final hearing at the stage of admission itself. 3. By this petition under Article 226 of the Constitution of India, the petitioner management is challenging the order 2 WP2209.11 dated 25.11.2010 passed by the learned Presiding Officer, School Tribunal, Pune Region, Pune, allowing the appeal filed under Section 9 of the Maharashtra Employees of Private School Act, 1977 and the rules framed thereunder, holding that the termination dated 14.6.2010 is void and illegal. The Tribunal further directed the petitioner to pay all consequential benefits and back wages to respondent No.1. 4. The learned counsel appearing on behalf of the petitioner states that they received notice from the Tribunal on 9.9.2010 i.e. after the date fixed by the Tribunal for hearing. He submits, therefore, no one remained present before the Tribunal and the Tribunal passed ex-parte order against them. 5. Both the parties have agreed for the following arrangement. Hence, with their consent following order is passed:- (a) The petitioners management shall deposit a sum of Rs.2,00,000/- towards the back wages payable to the respondent No.1, with the School Tribunal within two weeks from today. On such deposit being made, the impugned ex- parte order dated 25th November, 2010 passed by the School Tribunal shall stand set aside and the appeal filed by the 3 WP2209.11 respondent under Section 9 of the Maharashtra Employees Private School Act, 1971, shall be restored to file. (b) On failure of the petitioner in depositing the amount of Rs.2,00,000/- within the specified time, this writ petition shall stand dismissed, without back reference to the Court. (c) On the petitioner depositing the said amount, the respondent No.1, teacher, shall be allowed to withdraw the same on his furnishing security, other than Bank Guarantee to the satisfaction of the School Tribunal for redepositing the amount with the School Tribunal in case the decision of the appeal goes against him. (d) On restoration of the appeal to file, the petitioners shall submit their written statement within four weeks from today. (e) The Tribunal shall hear the Appeal No.35 of 2010 and decide it on merits as per the law. (f) Both the parties shall remain present before the School Tribunal on 6th May, 2011 when the restored appeal shall be posted. 4 WP2209.11 6. Writ petition disposed of accordingly. 7. The School Tribunal to act on the authenticated copy of this order. (K.K.TATED, J,) 5 WP2209.11