Case Note & Summary
The petitioner, Manohar Pandit Marathe, was an employee of Sharda Vidya Prasarak Mandal. He was terminated from service on 20/01/2009. He challenged the termination by filing an appeal before the School Tribunal, Jalna, being Appeal No. JAL/11/2009. The School Tribunal, by its judgment and order dated 20/09/2013, found that the enquiry conducted against the petitioner was in violation of Rules 36 and 37 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules (M.E.P.S. Rules). Consequently, the Tribunal quashed and set aside the enquiry. In the operative part of the order, the Tribunal granted the employer the liberty to either give up the de novo enquiry and grant all reliefs to the petitioner or to conduct a de novo enquiry. The employer was directed to first reinstate the petitioner and then, if opting for de novo enquiry, place him under suspension. The petitioner was reinstated on 18/11/2012 and immediately suspended on the same date. The petitioner's grievance was that he was not paid back wages from the date of termination (20/01/2009) till the date of reinstatement (18/11/2012). He argued that the employer should not be allowed to take advantage of its own wrong in conducting a faulty enquiry. Alternatively, he submitted that the suspension should be relegated back to the date of first dismissal and suspension allowance be paid till 18/11/2012. The court considered the submissions and relied on the Supreme Court judgment in Vidya Dhar Pande v. Vidyut Grih Siksha Samiti (2002) 9 SCC 396, which held that when an enquiry is set aside and the employer is given an opportunity to conduct a de novo enquiry, the employee is entitled to full back wages from the date of termination till the date of reinstatement. The court allowed the writ petition, directing the employer to pay full back wages to the petitioner from 20/01/2009 to 18/11/2012 within four weeks. The court also directed that if the employer opts to conduct a de novo enquiry, the petitioner shall be deemed to be under suspension from 18/11/2012 and shall be paid subsistence allowance as per rules.
Headnote
A) Service Law - Back Wages - Faulty Enquiry - De Novo Enquiry - Petitioner was terminated on 20/01/2009; School Tribunal quashed enquiry for non-compliance with Rules 36 and 37 of M.E.P.S. Rules and granted employer option to conduct de novo enquiry after reinstatement - Petitioner sought back wages from termination to reinstatement - Held that employer cannot take advantage of its own wrong and must pay full back wages for the period between termination and reinstatement (Paras 2-6).
Issue of Consideration
Whether the petitioner is entitled to back wages from the date of termination (20/01/2009) till the date of reinstatement (18/11/2012) when the termination was set aside due to a faulty enquiry and the employer was given the option to conduct a de novo enquiry.
Final Decision
The writ petition is allowed. The respondent employer is directed to pay full back wages to the petitioner from 20/01/2009 to 18/11/2012 within four weeks. If the employer opts to conduct a de novo enquiry, the petitioner shall be deemed to be under suspension from 18/11/2012 and shall be paid subsistence allowance as per rules.
Law Points
- Back wages
- de novo enquiry
- reinstatement
- suspension
- employer's wrong
- M.E.P.S. Rules
