42D. [ Powers of Tribunal to Give Appropriate Reliefs and Directions. [Inserted by Maharashtra 1 of 1978, S. 3.]
(1)On receipt of an appeal, where the Tribunal, after giving reasonable opportunity to both parties of being heard, is satisfied that the appeal does not pertain to any of the matters specified in section 42B or is not maintainable by it, or there is no sufficient ground for interfering with the order of the Management, it may dismiss the appeal.(2)Where the Tribunal, after giving reasonable opportunity to both parties of being heard, decides in any appeal that the order of dismissal, removal, otherwise termination of service or reduction in rank was in contravention of any law, contract or conditions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the Management, partially or wholly, and direct the Management,"(a)to reinstate the employee on the same post or on a lower post as it may specify;(b)to restore the employee to the rank which he held before reduction or to any lower rank as it may specify;(c)to give arrears of emoluments to the employee for such period as it may specify;(d)to award such lesser punishment as it may specify in lieu of dismissal, removal, otherwise termination of service or reduction in rank, as the case may be;(e)where it is decided not to reinstate the employee or in any other appropriate case, to give such sum to the employee, not exceeding his emoluments for six months, by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify or(f)to give such other relief to the employee and to observe such other conditions as it may specify, having regard to the circumstances of the case.(3)It shall he lawful for the Tribunal to recommend to the State Government that any dues directed by it to be paid to the employee may be deducted from the grant payable to the Management and be paid to the employee direct.(4)Any direction issued by the Tribunal under sub-section (2) shall be communicated to both parties in writing and shall be complied by the Management within the period specified in the direction, which shall not be less than two months from the date of its receipt by the management.]
