58-A. WP 5162 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5162/2025 The Education Officer, Zilla Parishad (Madhyamik) Akola And Administrator Shikshan Prasarak Mandal, Kurankhed, Tah. And Dist. Akola and another ...Versus… Vinod Keshavrao Shinde and others WITH WRIT PETITION NO.1342/2024 The Headmaster, Karmavir Bhaurao Patil Vidyalaya Palso (Badhe), Tq. And Dist. Akola and another ...Versus… Vinod Keshavrao Shinde and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mrs. M.A. Barabde, AGP for petitioners in WP No.5162/2025 Mr. S.T. Harkare, Advocate for respondent No.1 WP No.5162/2025 Mr. R.G. Nitnaware, Advocate for respondent Nos.2 & 3 WP No.5162/2025 Mr. R.G. Nitnaware, Advocate for petitioners WP No.1342/2024 Mr. S.T. Harkare, Advocate for respondent No.1 in WP No.1342/2024 Mrs. M.A. Barabde, AGP for respondent Nos.2 & 3 in WP No.1342/2024 CORAM : ROHIT W. JOSHI, J. DATE : 22/06/2026 1. The Education Officer, who is appointed as Administrator over Shikshan Prasarak Mandal, Kurankhed, a Trust, registered under the Maharashtra Public Trusts Act, 1950 and the Headmaster, Karmavir Bhaurao Patil Vidyalaya and one another have filed the present petitions in order to challenge the judgment and order dated 18/11/2022, passed by the learned Member, Industrial Court, Akola in ULP No.133/2017. 2026:BHC-NAG:7927 58-A. WP 5162 of 2025.odt 2 2. It is the case of the respondent/complaint that he was appointed in Gajanan Maharaj Vidyalaya, Kurankhed which is a school run by the Shikkshan Prasarak Mandal, as a part-time librarian on 30/09/1996. The complainant contends that he has successfully completed period of probation on the said post. It is stated in the complaint that the school is admitted to grant-in-aid from the State of Maharashtra. It is further stated that the post of librarian was a part-time sanctioned post. The contention of the complainant was that by not regularizing his services on the said post, the employer/Trust has committed unfair labour practice under Item - 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The complainant prayed for a direction to the Headmaster of the School to forward a proposal regarding his appointment on the post of librarian to the Education Officer and Deputy Director of Education. 3. The respondents did not enter appearance in the complaint, as a consequence of which, the same was proceeded ex parte. The complaint came to be allowed vide judgment and order dated 18/11/2022. 4. It is not in dispute that the school, in which the complainant was appointed, is a private school and is governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short hereinafter referred to as “MEPS Act”) 5. Perusal of complaint will indicate that it is not the case of the complainant that he was appointed against a full- time sanctioned post by following procedure contemplated 58-A. WP 5162 of 2025.odt 3 under Section 5 of the MEPS Act. There is no finding by the learned Industrial Court that the appointment of the complainant was made against any full-time sanctioned post and/or that the appointment was made in accordance with the procedure contemplated under Section 5 of the MEPS Act. 6. Having regard to the fact that the appointment of the complainant was not against the sanctioned post and was also not made in accordance with Section 5 of the MEPS Act, the judgment and order, passed by the learned Industrial Court cannot be sustained and is liable to be quashed and set aside. 7. It is not in dispute that subsequently the State Government has issued a Resolution on 28/01/2019, by virtue of which, services of the respondent No.1 have been regularized on the post of librarian. 8. Writ Petitions are allowed by quashing and setting aside the judgment and order, dated 18/11/2022, passed by the learned Member, Industrial Court, Akola in Complaint ULP No.133/2017. However, this judgment will not affect rights of the complainant, conferred by virtue of Government Resolution dated 28/01/2019. 9. No order as to costs. (ROHIT W. JOSHI, J.) Wadkar