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Judgment
By this petition, the petitioner challenges the order passed by the learned single Judge by which the learned single Judge has allowed the petition filed by the respondent by setting aside order passed u/s 33(c)(2) of the Industrial Disputes Act, 1947 by the Industrial Tribunal.
The petitioner was a non-teaching employee in an unaided private school. He filed an application before the Industrial Court u/s 33(c)(2) for giving him benefits of medical reimbursement. Admitted position is that the conditions of service of the appellant as also of the other non-teaching employees working in unaided recognized private school are governed by Maharashtra Employees of Private School (Conditions of Services) Regulations Act, 1977 and the Rules framed'' thereunder. There is no provision made either in the Act or the Rules for giving reimbursement of medical expenses incurred by non-teaching employee of an unaided private recognised school.
In this background, therefore, though there may be a right conferred by the Act on the employees of unaided private recognized school that they are entitled to the same conditions of service and benefits as applicable to the employees of aided recognized private schools, unless the Director in exercise of his powers under the Act issues direction in that regard, an application u/s 33(c)(2) for grant of reimbursement would not be maintainable.
Taking overall view of the matter, we do not find any patent illegality in the order passed by the learned single Judge. The appeal therefore fails and dismissed. No order as to costs.