Case Note & Summary
The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively referred to as 'the management'), challenged the judgment and order dated 01-04-2022 passed by the Presiding Officer, School Tribunal, Amravati in Appeal No. 14/2020. The Tribunal had partly allowed the appeal filed by respondent No. 1, Smt. Mrudula Govindrao Kavishwar (the employee), setting aside the notice of termination dated 16-04-2019, deeming the employee to be in continuous service from 16-07-2019, directing the management to pay full back-wages from 16-07-2019 till the date of judgment, and directing the management to follow the procedure under Rule 27(d) and (e) read with Rule 25A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981. The management assailed this order before the High Court. The High Court, after hearing the parties, dismissed the writ petition, upholding the Tribunal's order. The court held that the termination was illegal as the management failed to comply with the mandatory procedure prescribed under the Rules. The court directed the management to comply with the directions within a specified period. The judgment was pronounced on 12-08-2022.
Headnote
A) Service Law - Termination of School Employee - Mandatory Procedure - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981, Rules 27(d), 27(e), 25A - The management terminated the employee without following the mandatory procedure of holding an inquiry as per Rules 27(d) and (e) read with Rule 25A. The School Tribunal set aside the termination and directed reinstatement with full back-wages. The High Court upheld the Tribunal's order, holding that non-compliance with the mandatory procedure renders the termination illegal and void. (Paras 4-6) B) Service Law - Back-Wages - Reinstatement - Full back-wages from date of termination till date of judgment - The Tribunal directed payment of full back-wages from 16-7-2019 till the date of judgment, and the High Court affirmed this direction, noting that the employee was deemed to be in continuous service. (Para 4)
Issue of Consideration
Whether the termination of the employee by the school management was valid and in compliance with the mandatory procedure under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order dated 01-04-2022. The management was directed to comply with the directions within the specified period.
Law Points
- Termination of a school employee without following the mandatory procedure under Rule 27(d) and (e) read with Rule 25A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules
- 1981 is illegal and void
- entitling the employee to reinstatement with full back-wages and continuity of service.
