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Bombay High CourtCA/6830/2016disposed offdismissed for default

Tulshiram Dudharam Jadhav v. Sant Namdeo Shikshan Prasarak Mandal, Jambhrun Andh(Tanda) Thr Secretary And Others

2016-10-07Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6830 OF 2016 IN WP/4238/2012 TULSHIRAM DUDHARAM JADHAV

VERSUS

SANT NAMDEO SHIKSHAN PRASARAK MANDAL AND OTHERS ...

Advocate for Applicant : Shri Godbole R.J.

Advocate for Respondents 1 & 2 : Shri Tambde P.G. h/f Shri Rathod A.R. AGP for Respondent 3 : Shri Kutti P.N.

Advocate for Respondents 4 : Shri Londhe S.S. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 07, 2016 ...

PER COURT :- 1.

The applicant points out that pursuant to the judgment of the School Tribunal dated 12.4.2012, by which, his Appeal No.10 of 2011 was allowed, he was entitled for 100% backwages from 9.2.2011, which is the date of dismissal till his reinstatement on 4.11.2015. 2.

He further submits that though the management has challenged the said judgment in Writ Petition No.4238 of 2012, this Court has not stayed the impugned judgment. He prays that the directions be issued to the management to deposit the backwages in this Court. 3.

Though it appears that the management has not implemented the directions of the Tribunal and this Court has not granted any stay to the akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO. 6830 OF 2016 impugned judgment, this Civil Application filed by the applicant would virtually amount to considering a prayer for interim relief by the respondent in the petition filed by the management. Needless to state, the respondent / applicant herein can always seek execution of the impugned order / judgment as the same has not been stayed by this Court. This application is, therefore, disposed off. ( RAVINDRA V. GHUGE, J. ) ...

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