*1* wp.6391.11.17.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6391 OF 2011 Bhimrao Raghunath Kadam. ..Petitioner ­Versus­ Ramchandra Vishnu Salunkhe and others. ..Respondents .......... Mr.T.S.Ingle, for the Petitioner. Mr.P.G.Sawant, “B” Panel Advocate for the Respondent No.4. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 22nd August, 2011. P.C.: 1 Heard Mr.Ingale, learned counsel appearing for the Petitioner who is original Opponent NO.4 in Misc. Application No.29/2009 filed by the present Respondent No.1. He states that the termination effected on 25.04.2007 was challenged by filing an appeal to the School Tribunal and there was delay of two years two months and 21 days in filing the said appeal and the same was condoned because earlier the Respondent No.1 approached the Grievance Committee on 28.05.2007 and on the point of jurisdiction, the Grievance Committee dismissed his appeal on 10.07.2009. The time that was spent in raising the grievance before the Grievance Committee, therefore, be excluded. 2 On this appeal and the application of the Respondent No.1, the School Tribunal holds that the delay is satisfactorily explained. There is sufficient cause for not approaching the Tribunal earlier and that under the legal advise, he approached the Grievance Committee which was later on found to have no jurisdiction to take cognizance of the employees of *2* wp.6391.11.17.sxw the private schools. It is in these circumstances, I do not find any reason to interfere with the discretion exercised by the Tribunal in condoning the delay. 3 The grievance of the Petitioner really is that because of the pendency of the appeal, the Petitioner though employed in place of the Respondent No.1, is not receiving his salary and other benefits. To my mind, this grievance cannot be entertained in this Writ Petition and it will be open for the Petitioner to raise appropriate pleas in this behalf before the School Tribunal and the Tribunal will take due note of the same and after hearing both sides, may pass the final order in the appeal in accordance with law. Leaving all contentions of both sides open, this Writ Petition is dismissed. No costs. (S.C. Dharmadhikari, J)