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 'the management'), challenged the judgment and order dated 01-04-2022 of the Presiding Officer, School Tribunal, Amravati, in Appeal No. 12/2020. The Tribunal had partly allowed the appeal of respondent 1, Smt. Shilpa Sanjay Khandekar (the employee), setting aside the termination notice dated 16-04-2019, deeming her in continuous service from 16-07-2019, directing payment of full back-wages from that date until the judgment, and requiring the management to follow the procedure under Rules 27(d) and (e) read with Rule 25A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (M.E.P.S. Rules). The management contended that the appeal was filed beyond the prescribed limitation period of 30 days under Rule 36(2) of the M.E.P.S. Rules, without any application for condonation of delay, and that the Tribunal erred in entertaining it. The employee had been terminated for unauthorized absence and misconduct after a show-cause notice and inquiry. The High Court examined the pleadings and found that the appeal was filed on 16-07-2019, whereas the termination was on 16-04-2019, making it 60 days late. The Tribunal did not require any application for condonation and proceeded to decide the appeal on merits. The High Court held that the Tribunal acted without jurisdiction in condoning the delay suo motu, as Rule 36(2) permits condonation only up to 30 days and only upon a formal application showing sufficient cause. Since no such application was made, the appeal was not maintainable. Consequently, the High Court allowed the writ petition, set aside the Tribunal's order, and dismissed the employee's appeal. The court did not address the merits of the termination.
Headnote
A) Limitation - Appeal before School Tribunal - Condonation of Delay - Rule 36(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 - The appeal must be filed within 30 days; the Tribunal may condone delay up to 30 days if sufficient cause is shown, but no further extension is permissible. The employee filed appeal after 60 days without any application for condonation, yet the Tribunal entertained it. Held, the Tribunal acted without jurisdiction in condoning the delay suo motu and without any application. (Paras 6-10) B) Termination of Service - Validity - M.E.P.S. Rules, 1981 - The management terminated the employee for unauthorized absence and misconduct after issuing a show-cause notice and holding an inquiry. The Tribunal set aside the termination and ordered reinstatement with back-wages. Held, the Tribunal's order was unsustainable as it failed to consider the limitation issue and the merits of the termination. (Paras 4-5, 11-12)
Issue of Consideration
Whether the School Tribunal erred in entertaining an appeal filed beyond the period of limitation without a formal application for condonation of delay, and whether the termination of the employee was valid.
Final Decision
The High Court allowed the writ petition, set aside the judgment and order of the School Tribunal dated 01-04-2022, and dismissed the employee's Appeal No. 12/2020.
Law Points
- Limitation
- Condonation of delay
- School Tribunal
- M.E.P.S. Rules 1981
- Rule 36
- Section 5 of Limitation Act
- 1963
- Termination of service
- Back-wages
- Continuous service
