Case Note & Summary
The matter involved four writ petitions filed by the employer, The Vidarbha Youth Welfare Society and its Polytechnic Principal, challenging the judgments of the School Tribunal, Amravati, dated 23/3/2016. The Tribunal had allowed the appeals of four employees who were terminated from their positions as Laboratory Attendants. The employees (respondent no.3 in each petition) had been initially appointed on contract basis for the academic session 2007-08, with artificial breaks at the end of each session, and were subsequently given fresh temporary appointments in February 2013 or 2014. Their services were terminated on 30/4/2014 by an order citing the illegality of the management committee and the lack of due procedure in their appointments. The employees challenged the terminations under Section 9(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 before the School Tribunal, which quashed the termination orders and directed reinstatement with continuity and back wages. The employer then filed writ petitions before the High Court, arguing that the appointments were purely temporary and contractual, that the terminations were justified due to the management's illegality, and that the Tribunal erred in granting full back wages without discussion and could have instead awarded compensation under Section 11(2)(e) of the Act. The petitioners also contended that there was no plea of probation, and that failure to give notice under Rule 28 of the MEPS Rules, 1981 would only entitle the employees to salary in lieu of notice. The matter was heard and reserved for judgment on 01/10/2021, with the High Court pronouncing its judgment on 15/11/2021. However, the provided judgment text concludes during the presentation of the petitioners' arguments and does not include the court's final reasoning, decision, or operative directions.
Headnote
A) Service Law - Termination - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Section 9(1) - Appeal against termination - School Tribunal allowed the appeals and set aside the termination orders dated 30/4/2014, directing reinstatement with continuity and back wages (Paras 2-3).
B) Service Law - Appointment on Contract/Temporary Basis - Validity of Termination - MEPS Act, 1977 - Petitioner contended that the employees were appointed on contract basis with artificial breaks and subsequently on temporary basis, hence termination was justified (Paras 4(a)-(d)).
C) Service Law - Relief - Back Wages - MEPS Act, 1977 - Section 11(2)(e) - Petitioner contended that the Tribunal granted full back wages without discussion, and in the alternative, compensation could be awarded instead of reinstatement (Paras 4(e)-(f)).
D) Service Law - Probation - MEPS Rules, 1981 - Rule 28 - Petitioner contended there was no plea or material of probation, and that non-compliance with notice entitled only to salary in lieu, not reinstatement (Paras 4(g)-(h)).
E) Case Law - Precedent - Reliance on Ramkrishna Chauhan v. Seth D.M. High School, 2013 (2) Mh.L.J. 7 (Para 4(i)).
Issue of Consideration
Whether the School Tribunal was justified in setting aside the termination orders and directing reinstatement with back wages under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
Law Points
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- termination of temporary employees
- reinstatement
- back wages
- probation
- appointment on contract basis
- artificial breaks
- Section 9(1)
- Section 11(2)(e)
- Rule 28
Case Details
2021 LawText (BOM) (11) 79
Writ Petition No. 4272/2016 with Writ Petition Nos. 4269/2016, 4270/2016, 4271/2016
Shri R.D. Bhuibhar for petitioners; Shri S.M. Ukey, Addl. G.P. for respondent nos.1 and 2; Shri P.A. Kadu for respondent no.3
The Vidarbha Youth Welfare Society and The Principal, Vadarbha Youth Welfare Society's Polytechnic, Badnera
The State of Maharashtra through its Secretary, Department of Higher and Technical Education; Deputy Director of Technical Education, Regional Office, Amravati; and Shri Manohar Govindram Kalalkar, Shri Vilas Madhukar Yewale, Shri Pankaj Rajesh Ingle, Shri Mohan Bharatram Bhise
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Nature of Litigation
Writ petitions by the employer challenging the School Tribunal's orders setting aside terminations and directing reinstatement with back wages.
Remedy Sought
The petitioners sought quashing of the School Tribunal's judgments and upholding of the termination orders.
Filing Reason
The terminations were based on the management committee being declared illegal and appointments made without due procedure.
Previous Decisions
The School Tribunal, Amravati, by judgments dated 23/3/2016, allowed the employees' appeals, quashed the termination orders dated 30/4/2014, and directed reinstatement with continuity and back wages.
Issues
Whether the School Tribunal was correct in setting aside the termination orders.
Whether the employees were entitled to reinstatement and full back wages.
Whether the termination of employees appointed on contract/temporary basis was justified.
Whether compensation under Section 11(2)(e) of the MEPS Act was an appropriate alternative remedy.
Submissions/Arguments
The appointments were on contract basis with artificial breaks and subsequently temporary; termination was justified.
The management committee was declared illegal and the appointments were made without due procedure.
The Tribunal disregarded the terms of the appointment order dated 1/2/2013 and Schedule-D of MEPS Rules.
There was no discussion on entitlement to full back wages; the Tribunal could have awarded compensation instead of reinstatement under Section 11(2)(e).
No plea or material was before the Tribunal regarding probation.
Failure to give one month's notice under Rule 28 of MEPS Rules entitles the employee only to salary in lieu of notice, not reinstatement.
Reliance was placed on Ramkrishna Chauhan Vs. Seth D.M. High School and others, 2013 (2) Mh. L.J. 7.
Judgment Excerpts
All these petitions by the employer, challenge the judgments delivered by the learned School Tribunal, Amravati dated 23/3/2016 in Appeals filed by the employees who were terminated by the petitioners, which termination has been set aside by the learned School Tribunal by the impugned judgments.
The services of the respondent no.3 came to be terminated by the order dated 30/4/2014.
This termination came to be challenged by the respondent no.3 by filing an appeal under Section 9(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
The learned School Tribunal, Amravati has allowed the same, thereby quashing and setting aside the termination order dated 30/4/2014 and directing reinstatement with all consequent benefits of continuity and back wages.
Procedural History
The employees were appointed on contract basis in 2008/2009 and later on temporary basis in 2013/2014. Their services were terminated on 30/4/2014. They filed appeals under Section 9(1) of the MEPS Act before the School Tribunal, Amravati. By judgments dated 23/3/2016, the Tribunal allowed the appeals, quashed the terminations, and directed reinstatement with continuity and back wages. The employer filed writ petitions before the Bombay High Court challenging the Tribunal's orders. The High Court heard the petitions and reserved judgment on 01/10/2021, pronouncing judgment on 15/11/2021. The provided text does not contain the final decision.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9(1), Section 11(2)(e)
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 28, Schedule-D
- Societies Registration Act, 1960:
