Bombay High CourtWP/26/2019dismissedrule discharged

Kisanlal S/O Roshanlal Mankar v. Jankalyan Shikshan Sanstha, Amgaon Thr. Its President, Sanjay Shivankar And Others

2019-01-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp26.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.26/2019 Kisanlal S/o Roshanlal Mankar ..Vs..

Jankalyan Shikshan Sanstha, Amgaon and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V. Thakre, Advocate for the petitioner. Ms. T.A. Khan, A.G.P. for respondent No.3.

CORAM : Z.A. HAQ, J.

DATE : 7.1.2019.

Heard.

The petitioner approached the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 in 2017 after his retirement, complaining that he was superseded on 1st May, 1999 when the management promoted the respondent No.2 to the post of Headmaster. As there was delay of about 17 years in filing the appeal, the petitioner had filed an application praying for condonation of delay. This application is dismissed by the impugned order.

The contention of the petitioner is that the management initially committed unfair labour practice by continuing him on ad hoc basis and his services came to be regularized only when he was to retire and in these circumstances, the delay has occasioned.

After going through the impugned order, I

2 wp26.19 find that the learned Presiding Officer has dealt with all the relevant aspects and has rightly refused to exercise discretion in favour of the petitioner. I do not see any reason to interfere with the impugned order. The writ petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.