Sagar Balu Patil v. The President Kai Dinkarrao Va Shamrao Pawar Krida V Sanskutik Sanstha And ORS

NEETA SHAILESH SAWANT 1/3 NEETA SHAILESH SAWANT Date: 2022.10.04 11:38:41 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2560 OF 2022 Uttam Krishnat Patil .....Petitioner V/s.

The President, Kai Dinkarrao Va Shamrao Pawar-Patil Bandhu Kala, Krida V Sanskrutik Sanstha and Ors.

....Respondents ALONGWITH WRIT PETITION NO. 2561 OF 2022 Sagar Balwant Patil .....Petitioner V/s.

The President, Kai Dinkarrao Va Shamrao Pawar-Patil Bandhu Kala, Krida V Sanskrutik Sanstha and Ors.

....Respondents ALONGWITH WRIT PETITION NO. 2562 OF 2022 Sagar Balu Patil .....Petitioner V/s.

The President, Kai Dinkarrao

2/3 Va Shamrao Pawar-Patil Bandhu Kala, Krida V Sanskrutik Sanstha and Ors.

....Respondents ALONGWITH WRIT PETITION NO. 2563 OF 2022 Ashok Banderao Desai .....Petitioner V/s.

The President, Kai Dinkarrao Va Shamrao Pawar-Patil Bandhu Kala, Krida V Sanskrutik Sanstha and Ors.

....Respondents ----- Mr. Prashant Bhavake, Advocate for the petitioner. Mr. Utkarsh S. Desai, Advocate for the respondent. Mrs. Vaishali Nimbalkar, AGP for State.

CORAM : SANDEEP K. SHINDE, J.

MONDAY, 3RD OCTOBER, 2022.

P.C. :

1.

Heard learned Counsel for the parties.

2.

Sachin Bapuso Atigre and the petitioners herein, were the employees of the respondent no.1, who runs and manages the respondent no.3-School. The services of Sachin Atigre and the petitioners, were terminated on 19 th June, 2019.

Whereafter, Sachin Atigre and the petitioners herein

3/3 challenged the termination orders before the School Tribunal at Kolhapur, alongwith an application seeking to condone the delay caused in making the Appeal. The Learned Presiding Officer, School Tribunal, Kolhapur Region, Kolhapur vide order dated 9 th March, 2021 declined to condone the delay caused in preferring the Appeal. Sachin Bapuso Atigre assailed the order of the School Tribunal in Writ Petition No. 2559/2022. His Writ Petition was heard by this Court and vide order dated th April, 2022 the delay caused in filing the Appeal Under Section 9 of the Maharashtra Employees of Private Schools Act, 1977, was condoned. The case of the petitioners herein, is not different then the case of Sachin Atigre. Thus, impugned order is set aside and delay caused in making Appeal under Section 9 of M.E.P.S. Act, is condoned.

3.

In consideration of these facts, petition is allowed subject to costs of Rs.10,000/- each to be paid to Kirtikar Law Library within three weeks from today.

4.

All the petitions are allowed and disposed of in the aforesaid terms.

5.

Copy of the order be placed on record of each petition.

(SANDEEP K. SHINDE, J.)