Case Note & Summary
The Petitioner, Shri Sairam Education Trust, challenged the order of the School Tribunal dated 13th October 1992 which allowed the appeal filed by Respondent No.1, Lalasaheb More, an assistant teacher. The Tribunal set aside the termination order dated 31st March 1992 issued by the Petitioner terminating Respondent No.1's services with effect from 30th April 1992 and directed reinstatement with back wages from 1st May 1992. Respondent No.1 was appointed on 13th June 1991 as an Assistant Teacher for a period of one year from 19th June 1991 to 13th April 1992. His services were terminated by a letter dated 31st March 1992. Aggrieved, Respondent No.1 filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 before the School Tribunal. The Tribunal granted ex-parte ad-interim relief on 23rd April 1992, and Respondent No.1 continued in service. The Petitioner contended that Respondent No.1 was employed only for a temporary period with approval from the Education Department and that his services ended because approval for the subsequent period was not granted, and also that he was not working satisfactorily. The Tribunal, after assessing pleadings and evidence, allowed the appeal. The High Court upheld the Tribunal's order, holding that the termination was illegal as it did not comply with Section 5 of the Act. The Court dismissed the writ petition, confirming the reinstatement and back wages.
Headnote
A) Service Law - Termination of Temporary Employee - Section 5, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The termination of a temporary assistant teacher without following the procedure under Section 5 of the Act is illegal - The School Tribunal correctly set aside the termination and ordered reinstatement with back wages - Held that even temporary employees are entitled to the protection of Section 5 of the Act (Paras 1-3).
Issue of Consideration
Whether the termination of services of a temporary teacher appointed for a fixed period without following the procedure under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is legal and valid.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order of reinstatement and back wages.
Law Points
- Termination of a temporary teacher without following the procedure under Section 5 of the MEPS Act is illegal
- Reinstatement with back wages is the appropriate remedy for illegal termination
- The School Tribunal has jurisdiction to entertain appeals under Section 9 of the MEPS Act against termination of temporary employees
