Case Note & Summary
The petitioners, Uktranti Mandal and Vasantrao Naik High School, challenged the judgment and order dated 25/01/2019 passed by the School Tribunal, Amravati, which set aside the oral termination of respondent No.1, Shriram Manohar Bande, an Assistant Teacher, and directed his reinstatement with 50% back-wages and consequential benefits. The respondent had submitted his resignation on 10/10/2017 but withdrew it by letter dated 25/10/2017, which he posted on 03/11/2017. When he attempted to resume duties on 23/11/2017, the Headmaster prevented him from signing the muster roll, and on 27/11/2017, he received a letter stating he was relieved from service. The respondent contended that since he had withdrawn his resignation before it was accepted, the management could not prevent him from joining, and such prevention amounted to oral termination. The School Tribunal accepted his appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The High Court held that the respondent had validly withdrawn his resignation before its acceptance, as the management had not communicated any acceptance prior to the withdrawal. Consequently, the prevention from joining duties constituted illegal oral termination. The court upheld the Tribunal's order for reinstatement with 50% back-wages, finding no perversity or illegality in the impugned order. The writ petition was dismissed.
Headnote
A) Service Law - Resignation - Withdrawal before acceptance - An employee can withdraw resignation at any time before it is accepted by the employer; once withdrawn, the resignation ceases to exist and the employee continues in service. (Paras 5-8)
B) Service Law - Oral Termination - Illegal termination - Preventing an employee from joining duties after valid withdrawal of resignation amounts to oral termination, which is illegal and liable to be set aside. (Paras 9-10)
C) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 9 - Appeal against termination - School Tribunal has jurisdiction to entertain appeal against oral termination and can grant reinstatement with back-wages. (Paras 2, 11)
Issue of Consideration
Whether the respondent-teacher's withdrawal of resignation before its acceptance by the management was valid, and whether the subsequent prevention from joining duties amounted to illegal oral termination.
Final Decision
Writ petition dismissed; order of School Tribunal dated 25/01/2019 upheld.
Law Points
- Resignation can be withdrawn before acceptance
- Oral termination is illegal
- School Tribunal has jurisdiction under Section 9 of MEPS Act
Case Details
2022 LawText (BOM) (05) 53
Writ Petition No. 1976 of 2019
Mrs. Radhika Raskar for petitioners, Mr. R.D. Dharmadhikari for respondent No.1, Mr. D.P. Thakare, Add.G.P. for respondent No.2
Uktranti Mandal, Jarud and Vasantrao Naik High School, Jarud
Shriram Manohar Bande, Education Officer (Secondary), Zilla Parishad, Amravati, and Presiding Officer, School Tribunal, Amravati
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Nature of Litigation
Writ petition challenging School Tribunal's order setting aside oral termination and directing reinstatement with back-wages.
Remedy Sought
Petitioners (Management and School) sought quashing of the School Tribunal's order dated 25/01/2019.
Filing Reason
Petitioners aggrieved by the Tribunal's order directing reinstatement of respondent-teacher with 50% back-wages.
Previous Decisions
School Tribunal, Amravati, by order dated 25/01/2019, set aside oral termination and directed reinstatement with 50% back-wages.
Issues
Whether the respondent's withdrawal of resignation before acceptance was valid.
Whether the prevention from joining duties amounted to illegal oral termination.
Submissions/Arguments
Petitioners argued that the resignation was accepted and the respondent was relieved, so no oral termination occurred.
Respondent argued that he withdrew resignation before acceptance, and prevention from joining amounted to oral termination.
Ratio Decidendi
An employee can withdraw resignation at any time before it is accepted by the employer; once withdrawn, the resignation ceases to exist. Preventing the employee from joining duties after valid withdrawal amounts to illegal oral termination.
Judgment Excerpts
By this writ petition, the petitioners i.e. the Management and the School have challenged judgment and order dated 25/01/2019, passed by the School Tribunal, Amravati, whereby oral termination of service of respondent No.1 has been set aside and the petitioners have been directed to reinstate him with 50% back-wages, along with other consequential benefits.
It was the case of the respondent that since he had withdrawn his resignation, the petitioners could not have prevented him from joining his duties and since he was prevented from performing his duties, it was a case of the otherwise termination of service or oral termination of his service.
Procedural History
Respondent filed appeal under Section 9 of MEPS Act before School Tribunal, Amravati, which allowed the appeal on 25/01/2019. Petitioners challenged that order by filing Writ Petition No. 1976 of 2019 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
