Case Note & Summary
The petitioner, Shri Swami Samarth Apang Seva Mandal, a trust running a school for disabled students, challenged an order dated 3 October 2016 passed by the Appellate Authority-cum-Regional Deputy Commissioner, Social Welfare, Pune Division Pune. The order set aside the oral termination of Respondent No.1, Madhukar Dashrath Ghodke, with effect from 1 May 2002 and directed his reinstatement with 50% backwages. The respondent was appointed as a Special Teacher on a temporary basis in 1993-1995 when the school was non-grant. After grant-in-aid was extended in 1995, he was given regular-temporary appointment. The management orally terminated him without any inquiry. The Appellate Authority found the termination illegal and ordered reinstatement. The High Court upheld the order, holding that oral termination without following principles of natural justice is invalid and the reinstatement with 50% backwages was justified.
Headnote
A) Service Law - Termination - Oral Termination - Natural Justice - The petitioner-management orally terminated the respondent-teacher without any inquiry or notice. The Appellate Authority set aside the termination and ordered reinstatement with 50% backwages. The High Court held that oral termination without following principles of natural justice is illegal and the order of reinstatement was justified. (Paras 2-3)
B) Service Law - Backwages - Reinstatement - 50% Backwages - The Appellate Authority granted 50% backwages from the date of termination till reinstatement. The High Court upheld this, noting that the teacher was willing to work but was prevented by the management. (Para 3)
Issue of Consideration
Whether the oral termination of Respondent No.1 was valid and whether the Appellate Authority's order of reinstatement with 50% backwages was justified.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Appellate Authority dated 3 October 2016 directing reinstatement of Respondent No.1 with 50% backwages.
Law Points
- Natural justice
- oral termination
- reinstatement
- backwages
- grant-in-aid conditions
- temporary appointment
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2023 LawText (BOM) (11) 29
Writ Petition No. 13854 of 2016
Mr. T. D. Deshmukh a/w. Mr. H. D. Chavan, Mr. Sagar Kursija for Petitioners; Mr. Ashok B. Tajane a/w. Mr. Yogesh G. Thorat, Mr. Yuvraj A. Tajane for Respondent No.1; Mr. C. D. Mali, AGP for Respondent Nos.2 & 3
Shri Swami Samarth Apang Seva Mandal, Solapur and Anr.
Madhukar Dashrath Ghodke and Ors.
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Nature of Litigation
Writ petition challenging order of Appellate Authority setting aside oral termination and directing reinstatement with backwages.
Remedy Sought
Petitioner-management sought to quash the order dated 3 October 2016 passed by the Appellate Authority.
Filing Reason
Petitioner-management challenged the order of reinstatement with 50% backwages passed by the Appellate Authority.
Previous Decisions
Appellate Authority-cum-Regional Deputy Commissioner, Social Welfare, Pune Division Pune set aside oral termination of Respondent No.1 with effect from 1 May 2002 and directed reinstatement with 50% backwages.
Issues
Whether the oral termination of Respondent No.1 was valid?
Whether the Appellate Authority's order of reinstatement with 50% backwages was justified?
Submissions/Arguments
Petitioner argued that the termination was justified as the respondent was a temporary employee.
Respondent argued that the termination was oral and without any inquiry, violating principles of natural justice.
Ratio Decidendi
Oral termination without following principles of natural justice is illegal. Reinstatement with backwages is justified when the employee was willing to work but prevented by the management.
Judgment Excerpts
Petitioner-Management has filed this petition challenging Order dated 03 October 2016 passed by the Appellate Authority-cum-Regional Deputy Commissioner, Social Welfare, Pune Division Pune setting aside oral termination of Respondent No.1 with effect from 01 May 2002 and directing his reinstatement with 50% backwages.
Facts of the case are in a narrow compass.
Procedural History
The respondent was orally terminated on 1 May 2002. He challenged the termination before the Appellate Authority, which set aside the termination and ordered reinstatement with 50% backwages on 3 October 2016. The petitioner-management filed the present writ petition in 2016 challenging that order. The High Court dismissed the petition on 7 November 2023.
Acts & Sections
- Maharashtra Public Trusts Act, 1950:
- Societies Registration Act, 1860:
