The President, Shri. Hanuman Lokseva Mandal, Gardi And ANR v. Uttam Prabhakar Karande And ANR

S 905-wp-760-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 760 OF 2017 The President, Shri. Hanuman Lokseva Mandal, Gardi & Anr.

... Petitioners Vs.

Uttam Prabhakar Karande & Anr.

... Respondents ....

Mr. Ashok B. Tajane for the Petitioners.

Mr. Abhijeet A. Desai a/w Vrushali L. Mainded for the Respondent No. 1.

Mr. J.A. Madane AGP for the Respondent No. 2-State. ....

CORAM : A.A. SAYED, J.

DATE : 2 MARCH 2017 P.C.:

During the course of the hearing, on instructions, learned Counsel for the parties are agreed that without to their rights & contentions, the following order be passed:

ORDER

(i) The Respondent No. 1 shall report for duty on 6 March 2017 at 10.00 a.m. and the Petitioner- Management shall accordingly allow the Respondent No. 1 to resume his duty. (ii) The matter is remitted back to the School Tribunal. The impugned order dated 8 July 2016 shall stand set aside the Exhibit 5 Application shall be heard and decided afresh without being influenced by the impugned order. The Respondent No. 1 is permitted to file a Reply to the Exhibit 5 within 10 days from today.

Sameer 1 of 2

S 905-wp-760-2017.doc (iii) The parties shall appear before the School Tribunal on 14 March 2017 at 11.00 a.m.

(iv) All contentions of the parties are kept be open including the contention of the Respondent No. 1 in respect of back-wages. The Writ Petition is disposed of in the above terms. It is clarified that this Court has not expressed any opinion on the merits of the matter.

( A.A. SAYED, J.) Sameer 2 of 2