VASANTDADA PATIL PRATISHTHAN THROU. THE REGISTRAR AND ANR vs BHARAT ASHOK MANDHARE AND ANR

Judgment text excerpt

WP-5878-2024.doc PURTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY PRASAD PARAB Digitally signed by CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2026.01.05 19:21:12 +0530 WRIT PETITION NO. 5878 OF 2024 Vasantdada Patil Pratishthan Throu. The Registrar & Anr. ...Petitioners Versus Bharati Ashok Mandhare & Anr. …Respondents Mr. Anil Sakhare, Senior Counsel i/b Mr. Shailesh S. Pathak for Petitioner. Ms. Trupti V. Chavan a/w Mr. Omkar Mandhare for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 5, 2026 JUDGEMENT : 1. Rule. By consent of parties, made returnable forthwith and taken up for final hearing. Context and Factual Background: 2. The core question presented for consideration by the Petitioners, Vasantdada Patil Pratishthan (“ Employer”) and Vasantdada Patil Pratishthan’s College of Engineering and Visual Arts ( “College”), is whether Respondent No.1, Bharati Ashok Mandhare (“Employee”) could Page 1 of 24 January 5, 2026 Purti Parab WP-5878-2024.doc at all have invoked the statutory entitlement to challenge termination of employment under the Maharashtra Public Universities Act, 2016 (“Universities Act”) having invoked earlier, the statutory entitlement to question allegedly unfair labour practices under The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (“MRTU & PULP Act”). 3. A secondary question is whether the judgement and order dated January 25, 2024 ( “Impugned Order”) passed by the University and College School Tribunal, Mumbai (“School Tribunal”) setting aside a dismissal order dated October 11, 2023 ( “Dismissal Order”) is faulty on the ground that the School Tribunal ought to have inexorably remanded the matter for reconsideration by the Petitioners without entering upon the merits of the accus