Bombay High Court Quashes Permission for Fresh Enquiry Granted by School Tribunal in Private School Teachers' Reinstatement Case. Violation of Rules 36 and 37 of MEPS Rules in Enquiry Renders it Vitiated, and Natural Justice Cannot be Stretched to Allow Employer Another Opportunity to Prove Charges.

Case Note & Summary

The three writ petitions were filed by three dismissed teachers, Madhav Narhare, Bramhadev Jadhav, and Ram Khadke, against the Secretary of Banjara Jan-Jagruti Mandal, the Head Master of Shri Sant Goroba-Kaka Primary School, and the Education Officer (Primary), Zilla Parishad, Latur, challenging the order of the School Tribunal that permitted the management to conduct a fresh departmental enquiry into their alleged misconduct. The teachers were originally appointed as Shikshan Sevaks and later as Assistant Teachers in the school run by the respondent management. A discord arose between the management and the employees over issues of transfer and non-payment of salaries, leading to protests and a criminal complaint filed by the management alleging a fight on 16 January 2013. The teachers claimed they were beaten and had filed a counter-complaint. Without conducting any departmental enquiry, the management terminated their services. The teachers appealed to the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Tribunal set aside the termination for want of enquiry, directing reinstatement with back wages and permitting the management to hold an enquiry within 120 days as per Rules 28(5), 36, and 37 of the MEPS Rules. The management conducted an enquiry, but it again resulted in termination. The teachers again approached the Tribunal, which found the enquiry vitiated due to several violations: the Enquiry Committee failed to record statements of witnesses, did not allow cross-examination, relied on unknown documents without supply, and the Secretary acted in a triple capacity as Secretary, Chief Executive Officer, and member convener/nominee of the President, rendering the constitution of the Committee defective under Rule 36(2). The Tribunal also noted contravention of Rules 37(2)(c), (d), and (e). Despite these findings, the Tribunal set aside the termination but granted the management a fresh opportunity to conduct the enquiry from the stage of constitution of the Enquiry Committee. The teachers filed the present writ petitions, contending that the benefit of a vitiated enquiry must go to them and that the management could not be permitted to conduct fresh proceedings repeatedly. The High Court, after hearing both sides, held that once an enquiry is found to be vitiated due to non-compliance with statutory rules, the employer cannot be allowed to start a fresh enquiry as it would amount to rewarding the management for its own procedural lapses. The Court observed that while industrial law may permit a de novo enquiry before the Labour Court, under the MEPS Act and Rules, if the enquiry is vitiated at any stage, a fresh enquiry is not a matter of right for the employer. The Court emphasized that the principles of natural justice cannot be stretched to the point of causing injustice, placing reliance on Head Master, Vivek Vardhini Madhyamik Vidyalaya v. Alka Namdeo Khalekar (2017(1) Mh.L.J. 105). Consequently, the writ petitions were partly allowed. The impugned order of the School Tribunal was modified to the extent that the permission granted to the management to conduct a fresh enquiry from the stage of constitution of the Enquiry Committee was set aside. The relief of reinstatement with continuity from the date of termination was upheld, and the management was directed to pay full back wages, including arrears from the date of termination till actual reinstatement, within eight weeks, failing which interest at 6% per annum would be payable. The management was further directed to comply with the earlier directions of the Tribunal regarding reinstatement and payment of salary.

Headnote

Issue of Consideration

Final Decision

Writ petitions partly allowed. The impugned order of the School Tribunal modified by setting aside the permission for fresh enquiry from the stage of constitution of Enquiry Committee. Reinstatement with continuity from date of termination upheld. Management directed to pay full back wages from date of termination till actual reinstatement within eight weeks, failing which interest at 6% p.a. payable. Management to comply with all other directions of the Tribunal regarding reinstatement and salary.

Law Points