Case Note & Summary
The petitioners, Late Sanjay Gandhi Shikshan Prasarak Mandal and Shri Rajeshwar Secondary School and Junior College (collectively 'Management'), challenged the judgment dated 29.3.2010 of the Presiding Officer, School Tribunal, Amravati, in Appeal No. 98/2009. The Tribunal had allowed the appeal of respondent 2, Subhash Rambhau Billari ('employee'), challenging his termination dated 16.8.2008, and directed the Management to reinstate him as junior college lecturer/teacher with 50% back wages from the date of termination till reinstatement, along with other service benefits. The Management contended that the employee was appointed on 25.10.2004 on a clock work basis to teach English, that he did not possess the requisite eligibility qualification (Masters Degree in second division), and that his engagement was ad hoc. The Management further claimed that the employee abandoned employment after 8.5.2008, though he attended school functions including the flag hoisting ceremony on 15.8.2008. The Management argued that since an eligible candidate was not found, the employee continued on clock work basis until he abandoned service. The employee, on the other hand, contended that his termination was illegal and without any inquiry. The School Tribunal found that the termination was illegal as no inquiry was held. The High Court, after hearing counsel for both sides, held that the termination was per se illegal as no inquiry was conducted. The Court noted that the Management's claim of abandonment was not substantiated, as the employee attended school functions after the alleged abandonment. The Court upheld the Tribunal's order of reinstatement with 50% back wages, finding no perversity or illegality in the impugned judgment. The writ petition was dismissed.
Headnote
A) Service Law - Termination - Illegal Termination - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - The Management terminated the employee without holding any inquiry, which is per se illegal. The School Tribunal's order of reinstatement with 50% back wages was upheld. (Paras 2-5)
B) Service Law - Abandonment of Service - Burden of Proof - The Management's claim that the employee abandoned service was not substantiated. The employee attended school functions after the alleged abandonment, and the termination letter was issued without any show cause notice or inquiry. (Paras 3-5)
Issue of Consideration
Whether the termination of the employee was legal and justified, and whether the School Tribunal's order of reinstatement with 50% back wages is sustainable.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order of reinstatement with 50% back wages.
Law Points
- Termination without inquiry is illegal
- Abandonment of service requires clear evidence
- School Tribunal has jurisdiction under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2022 LawText (BOM) (04) 110
Writ Petition 2260 of 2010
Mr. Pushkar Deshpande for petitioners, Ms. T.H. Khan, AGP for respondent 1/State, Mr. A.Z. Jibhkate for respondent 2
Late Sanjay Gandhi Shikshan Prasarak Mandal, Wangi and Shri Rajeshwar Secondary School and Junior College, Wangi
The Deputy Director of Education, Amravati Division Amravati and Subhash s/o Rambhau Billari
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Nature of Litigation
Writ petition challenging the order of the School Tribunal directing reinstatement of an employee with back wages.
Remedy Sought
The Management sought to quash the Tribunal's order and uphold the termination of the employee.
Filing Reason
The Management was aggrieved by the Tribunal's order allowing the employee's appeal and directing reinstatement with 50% back wages.
Previous Decisions
The School Tribunal, Amravati, in Appeal No. 98/2009, allowed the employee's appeal and directed reinstatement with 50% back wages.
Issues
Whether the termination of the employee was legal and justified.
Whether the School Tribunal's order of reinstatement with 50% back wages is sustainable.
Submissions/Arguments
The Management argued that the employee was appointed on clock work basis, did not possess eligibility qualification, and abandoned service after 8.5.2008.
The employee contended that the termination was illegal and without any inquiry.
Ratio Decidendi
Termination of an employee without holding any inquiry is per se illegal. The Management's claim of abandonment of service was not substantiated as the employee attended school functions after the alleged abandonment. The School Tribunal's order of reinstatement with 50% back wages was upheld.
Judgment Excerpts
The Management is questioning the judgment dated 29.3.2010, rendered by the Presiding Officer, School Tribunal, Amravati in Appeal 98/2009, whereby the appeal preferred by respondent 2 – Mr. Subhash Rambhau Billari, challenging the termination dated 16.8.2008 is allowed and the Management is directed to reinstate the employee on the post of junior college lecturer/teacher and to pay 50% back wages.
The Management contends that the employee was appointed on 25.10.2004 to teach English on clock work basis.
The Management contends that since an eligible and otherwise suitable candidate to teach English subject in the junior college was not found, the employee continued to work on clock work basis, till he abandoned the employment and did not report for duty after 8.5.2008, although the employee did attend the school to attend certain functions including the flag hoisting ceremony on 15.8.2008.
Procedural History
The employee was terminated on 16.8.2008. He filed an appeal before the School Tribunal, Amravati, which was allowed on 29.3.2010. The Management then filed the present writ petition in the High Court.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
