Case Note & Summary
The petitioners, Nava Samaj Mandal and Nitin Godiwala Junior College of Commerce, challenged the judgment and order dated 1 October 2021 passed by the Presiding Officer, School Tribunal, Mumbai, which allowed Appeal No.1 of 2020 filed by the respondent-teacher, Santosh Upadhyay. The Tribunal set aside the oral termination of the respondent from 26 November 2019 and directed his reinstatement as a full-time Assistant Teacher for Hindi subject with full backwages and continuity in service. The respondent was initially appointed as a temporary assistant teacher from 4 July 2008 to 30 April 2009, with extensions until 3 April 2011. In the academic year 2011-12, he became a permanent assistant teacher in Hindi. In 2015, he was promoted to the administrative post of Supervisor. The management alleged that the respondent was unable to discharge his duties as Supervisor and was orally terminated on 26 November 2019. The respondent filed an appeal before the School Tribunal, which allowed the appeal. The High Court examined the issue of backwages and held that the Tribunal's order granting full backwages was unsustainable as the respondent had not pleaded or proved that he was not gainfully employed after termination. The Court relied on the principle that an employee claiming backwages must specifically plead and prove lack of alternative employment. The Court upheld the reinstatement and continuity of service but set aside the direction for full backwages. The petition was partly allowed.
Headnote
A) Service Law - Termination - Oral Termination of Permanent Teacher - Section 5, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal set aside the oral termination of a permanent assistant teacher as illegal, but the High Court held that the grant of full backwages was not automatic; the teacher must plead and prove that he was not gainfully employed during the period of termination. (Paras 1-10) B) Service Law - Backwages - Burden of Proof - Section 9, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The employee must specifically plead and prove that he was not employed elsewhere after termination; in absence of such pleading, full backwages cannot be granted. The High Court modified the Tribunal's order to delete the direction for full backwages while upholding reinstatement and continuity. (Paras 11-15)
Issue of Consideration
Whether the School Tribunal was justified in granting full backwages to the respondent-teacher upon setting aside his oral termination, and whether the management's petition challenging the order is maintainable.
Final Decision
The High Court partly allowed the petition. The order of the School Tribunal dated 1 October 2021 was modified to the extent that the direction for payment of full backwages was set aside. The reinstatement and continuity of service were upheld.
Law Points
- Termination of a permanent teacher without following due process is illegal
- but grant of full backwages is not automatic
- employee must plead and prove inability to secure alternative employment
- burden of proof on employee to show lack of gainful employment
- Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977 requires prior approval for termination
- Section 9 of the M.E.P.S. Act provides for appeal to School Tribunal.
