Case Note & Summary
The petitioner, Ramesh Yeshwantrao Ghatol, was appointed as an Assistant Primary Teacher on 12.7.2000 by respondent No.1 in respondent No.2 school, with approval from the Education Officer. His services were orally terminated on 29.12.2003. He filed an appeal under Section 9(1)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 before the School Tribunal at Amravati, registered as Appeal No.5/2004. The Tribunal initially dismissed the appeal on 8.1.2008 holding it not maintainable. The petitioner challenged this in Writ Petition No.722/2008, and on 9.2.2009, the High Court allowed the petition, holding that the Tribunal had jurisdiction, and remitted the matter for fresh decision. After remand, the Tribunal set aside the termination and directed reinstatement but denied back wages. The petitioner then filed the present writ petition challenging only the denial of back wages. The High Court noted that the Tribunal did not assign any reasons for denying back wages. The Court observed that while the Tribunal has discretion to grant or deny back wages, such discretion must be exercised judicially and with reasons. Since the Tribunal failed to provide any reasons, the order denying back wages was unsustainable. The High Court allowed the writ petition in part, setting aside the Tribunal's order regarding back wages and remanding the matter back to the Tribunal for fresh consideration on the issue of back wages only. The Tribunal was directed to decide the issue after hearing both parties and pass a reasoned order within three months.
Headnote
A) Service Law - Back Wages - Denial of Back Wages - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 9 - The School Tribunal set aside termination but denied back wages without assigning any reasons. The High Court held that denial of back wages without reasons is unsustainable and remanded the matter for fresh consideration on the issue of back wages. (Paras 7-8)
Issue of Consideration
Whether the School Tribunal's order denying back wages to the petitioner was justified and whether the petitioner is entitled to back wages.
Final Decision
The High Court allowed the writ petition in part, setting aside the School Tribunal's order regarding back wages and remanding the matter back to the Tribunal for fresh consideration on the issue of back wages only. The Tribunal was directed to decide the issue after hearing both parties and pass a reasoned order within three months.
Law Points
- Back wages
- Termination of service
- School Tribunal
- Remand
- Natural justice
