1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4382 OF 2010 Pravin Somnath More ... Petitioner v/s M/s.Central Railway Employees’ Education Society’s Primary School ... Respondent Mr.Prakash Devdas for the petitioner. Mr.A.S.Karwande for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 20TH OCTOBER, 2010 P.C.: 1. Rule, made returnable forthwith by consent. 2. The only dispute which arises in the present petition is, whether a non-teaching staff of the primary school run by the Municipal Corporation can agitate his grievance regarding the reinstatement with continuity of service and full back wages in a reference for adjudication before the Labour Court. The Labour Court has dismissed the reference on the ground that it does not have jurisdiction and the petitioner ought to have filed proceedings under the Maharashtra Employees of Private Schools Act, 1977 (in short, “M.E.P.S. Act”). 2 3. In the case of Rita T. Verghese (Mrs.) v/s Headmistress Vidya Mandir English Primary School & ors., reported in 2002 II C.L.R. 154, the Division Bench of this Court has already dealt with the issue. In paragraphs 8 and 9 of the judgment, the Court has held that a private school is not covered by the provisions of the M.E.P.S. Act if it is not recognized by one of the authorities mentioned in Section 2(21) of the Act, although it is recognized by a local body or the Municipal Corporation of Greater Bombay. The Act would not be applicable to those employees employed in a primary school of such a private school, whether run by the Municipal Corporation or any other local authority. 4. The Labour Court, in my opinion, has erred in not following the judgment in the case of Rita Verghese (supra) though it was cited before the Court. 5. In these circumstances, the award passed by the Labour Court is set aside. The Labour Court will decide the reference on merits as it has jurisdiction to decide such a reference. 6. Rule made absolute accordingly. No order as to costs. .....