42B. [ Right of Appeal to Tribunal to Employees of Private Affiliated Colleges or Recognised Institutions in Certain Cases. [Inserted by Maharashtra 1 of 1978, S. 3.]
(1)Notwithstanding anything contained in any law or contract for the time being in force, any employee (whether a Teacher or other employee) in any affiliated College or Recognised Institution (other than that managed and maintained by the State Government or the University) who is dismissed or removed or whose services are otherwise terminated, or who is reduced in rank, by the Management and who is aggrieved, shall have a right of appeal and any appeal against any such order to the Tribunal constituted under section 42A.Provided that, no such appeal shall lie to the Tribunal in any case where the matter has already been decided by a Court or Tribunal of competent jurisdiction or is pending before such Court or Tribunal on the date of commencement of the Maharashtra Universities (Second Amendment) Act, 1977, or where the order of dismissal, removal, otherwise termination of service or reduction in rank was passed by the Management at any time before the 1st day of July, 1974.(2)such appeal shall be made by the employee to the Tribunal, within thirty days from the date of receipt by him of the order of dismissal, removal, otherwise termination of services, or reduction in rank, as the case may be Provided that, where such order was made before the date of commencement of the Maharashtra Universities (Second Amendment) Act, 1977, such appeal may be made within sixty days from the date of commencement of the said Act. [or from the date of appointment of the Presiding Officer of the Tribunal, whichever is later].(3)Notwithstanding anything contained in sub-section (2), the Tribunal may entertain an appeal made to it after the expiry of the said period of thirty or sixty days, as the case may be, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.(4)Every appeal shall be accompanied by a fee of fifty rupees, which shall not be refundable and shall be credited to the University Fund.]
