1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4961/2009 (Rashtriya Samajik Shikshan Sanstha and another ..vs.. Vijay Dhole and another) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 18, 2009 Heard learned Advocate Shri Abhay Sambre for petitioners. The contention is, in the appeal under Section 9 of the M.E.P.S. Act, 1977 filed before School Tribunal, Chandrapur, the challenge was to the termination with effect from 01/5/2000. The petitioner employer filed reply pointing out that there was resignation on 01/2/2000. No steps were taken to raise any dispute in relation to said resignation and said dispute as also prayer for back wages have been added by way of an amendment for the first time on 04/11/2009. Learned counsel contends that the amendment was apparently time barred. He further states that employee has been deliberately delaying the disposal of appeal by the School Tribunal. It is apparent that challenge to the 2 termination with effect from 01/5/2000 has not been deleted and the School Tribunal has to consider it. The respondent employee has only amended his appeal to point out that he did not resign on 01/2/2000. This does not change the nature of dispute at all and it is still open to petitioner management to show that in fact there was such resignation. There was no need to add any such amendment specifically. Insofar as the claim of back wages is concerned, there is no question of going into merits of this question at this stage. The relevance thereof and effect of conduct of respondent on it can be appreciated by the School Tribunal at appropriate stage. I am, therefore, not inclined to interfere in the matter in extraordinary jurisdiction at this stage. The petitioner can challenge the said order after final adjudication of the appeal by School Tribunal, if occasion therefor arises. Writ Petition is accordingly disposed of. No costs. JUDGE Diwale.