Case Note & Summary
The petitioners, the management and the school, challenged the judgment and order dated 19/12/2014 passed by the School Tribunal, Chandrapur, which allowed the appeal filed by respondent No.1 (the employee) and set aside his termination, directing reinstatement with full back wages. The respondent No.1 was appointed as a physical training instructor on 10/07/1992. In February 2002, a complaint was made against him for indecent and vulgar behavior with students, leading to a warning. Further complaints in 2005 and 2009 regarding unruly behavior and insistence that his daughter should stand first in class resulted in additional warnings. On 20/06/2009, a communication was issued to him, which he signed. Subsequently, the management terminated his services without obtaining prior approval from the Education Officer under Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act). The employee filed an appeal before the School Tribunal, which allowed the appeal and ordered reinstatement with full back wages. The High Court examined the provisions of Section 5(2) of the M.E.P.S. Act, which mandates that no employee can be dismissed or removed without prior approval of the Education Officer. The Court noted that the termination was void ab initio for want of such approval. However, the Court held that the School Tribunal erred in ordering reinstatement with full back wages without considering the merits of the case and without remanding the matter to the Education Officer for approval. The Court set aside the Tribunal's order to the extent of back wages and remanded the matter to the Education Officer for consideration of approval. The Court directed that the employee be reinstated but without back wages, and the Education Officer shall decide the approval application within three months.
Headnote
A) Service Law - Termination - Prior Approval - Section 5(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Termination of a teacher without obtaining prior approval from the Education Officer is void ab initio - The School Tribunal, while setting aside such termination, cannot order reinstatement with full back wages without considering the merits of the case and without giving an opportunity to the management to seek approval - The proper course is to remand the matter to the Education Officer for consideration of approval (Paras 10-15). B) Service Law - School Tribunal - Powers - Section 9 of M.E.P.S. Act, 1977 - The School Tribunal has the power to set aside an illegal termination, but it must not grant consequential reliefs like back wages without examining the justification for termination - The Tribunal exceeded its jurisdiction by ordering full back wages without remanding the matter for approval (Paras 12-15). C) Service Law - Reinstatement - Back Wages - The grant of full back wages is not automatic upon setting aside termination - The Tribunal must consider the conduct of the employee and the circumstances of the case - In the absence of approval, the employee is entitled to reinstatement but back wages may be denied or limited (Paras 14-15).
Issue of Consideration
Whether the School Tribunal was justified in allowing the appeal and ordering reinstatement with full back wages when the termination was void for want of prior approval under Section 5(2) of the M.E.P.S. Act, 1977, and whether the Tribunal could have passed such an order without remanding the matter for approval.
Final Decision
The High Court set aside the order of the School Tribunal to the extent of back wages and remanded the matter to the Education Officer for consideration of approval under Section 5(2) of the M.E.P.S. Act. The employee is to be reinstated but without back wages. The Education Officer shall decide the approval application within three months.
Law Points
- Termination of service without prior approval under Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977 is void
- School Tribunal cannot order reinstatement with full back wages without considering the merits of the case
- Remand to Education Officer for approval is appropriate remedy
