wp4626.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4626/2011 Jijamata Adhyapak Vidyalaya and another -vs- Pradeep Janardhan Dhoke and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Mrs. Patil, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.09.2011. By this petition, the petitioner impugns the order passed by the School Tribunal, Nagpur on 20/07/2011 allowing an application filed by the respondent No.1, thereby condoning the delay in filing the appeal filed by the respondent No.1 against the oral termination under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. It appears that there was a delay of about sixty four days in preferring the appeal. It was mentioned by the respondent No.1 in the application for condonation of delay that the oral termination was effected on 01/10/2010 and legal notices were issued by the respondent No.1 to the petitioner management on 27/11/2010 and 09/12/2010. The respondent No.1 had also made a representation to the Deputy Director of Education and the Deputy Director of Education had asked the wp4626.11.odt 2/2 respondent No.1 to approach the School Tribunal for redressal of his grievance. In the light of the communication issued by the Deputy Director of Education to the respondent No.1, it appears that the respondent No.1 took legal advice and approached the School Tribunal by filing an appeal under Section 9 of the Act. It appears that the delay caused in filing the appeal was bona fide and since the respondent No.1 had satisfactorily explained the delay, the Tribunal condoned the short delay of sixty four days without going into the technical aspects of the matter. It is not possible for this Court to lightly interfere with the discretion exercised by the School Tribunal in condoning the delay of sixty four days in filing the appeal. Hence, the writ petition is dismissed with no order as to costs. JUDGE KHUNTE