Case Note & Summary
The petitioner, Shailesh Anand Kulkarni, was appointed on 8.9.2001 as a Computer Science teacher by the Khandesh College Education Society, which runs Mollji Jaitha College, Jalgaon. He was not issued any appointment order but continued to work until 1.3.2012, receiving regular monthly salary. In 2010, the Government of Maharashtra issued a Government Resolution dated 11.3.2010 directing all educational institutions to complete service books of teachers and submit them to the department. When the petitioner pursued the management to comply with this resolution, he was orally terminated on 1.3.2012. He filed an appeal before the School Tribunal, which rejected it on 28.3.2015, holding that since no appointment order was issued, his employment stood automatically terminated. The petitioner then filed a writ petition in the Bombay High Court. The High Court found that the School Tribunal erred in its reasoning. The court noted that the petitioner had worked for over a decade and was paid salary regularly, indicating a valid employer-employee relationship. The oral termination without any notice or inquiry was illegal. The court held that the management cannot take advantage of its own failure to issue an appointment order to justify termination. The High Court allowed the writ petition, set aside the Tribunal's order, and directed the management to reinstate the petitioner with continuity of service and back wages. The court also directed the management to comply with the Government Resolution and issue a service book to the petitioner.
Headnote
A) Service Law - Termination - Oral Termination - Automatic Termination - The School Tribunal erred in holding that the petitioner's employment stood automatically terminated from 1.3.2012 merely because no appointment order was issued, despite the petitioner working continuously from 2001 to 2012. The Tribunal failed to consider that the petitioner was regularly paid salary and that the management did not follow any due process for termination. Held that oral termination without notice or inquiry is illegal and the management must follow the procedure under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. (Paras 4-5) B) Service Law - Government Resolution - Service Book - The Government Resolution dated 11.3.2010 required educational institutions to complete service books of teachers and submit them to the department. The petitioner's pursuit of the management to comply with this resolution led to his oral termination. Held that the management cannot victimize an employee for seeking compliance with government directions. (Para 5) C) Service Law - School Tribunal - Appeal - The School Tribunal rejected the petitioner's appeal without considering the merits of the oral termination and the long service of the petitioner. Held that the Tribunal's order is perverse and liable to be set aside. (Para 4)
Issue of Consideration
Whether the School Tribunal was justified in rejecting the appeal of the petitioner on the ground that his employment stood automatically terminated due to lack of appointment order, despite his long service from 2001 to 2012.
Final Decision
The High Court allowed the writ petition, set aside the judgment of the School Tribunal dated 28.3.2015, and directed the management to reinstate the petitioner with continuity of service and back wages. The management was also directed to comply with the Government Resolution and issue a service book to the petitioner.
Law Points
- Oral termination without notice or inquiry is illegal
- Long service without appointment order does not justify automatic termination
- School Tribunal erred in holding that employment stood automatically terminated
- Management must follow due process under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
