Case Note & Summary
The petitioner, Gurukul Shikshan Sanstha, a registered Public Trust running Dnyaneshwar Pawar Junior College, terminated the services of respondent no.1, Eknath Rameshwar Raurale, a teacher, with effect from 18.2.2013 by an order dated 16.2.2013. Respondent no.1 challenged the termination before the School Tribunal, Amravati Division, which partly allowed the appeal by setting aside the termination as illegal and directing reinstatement with 50% back wages from 18.4.2013 till reinstatement, and continuity of service. The Management filed a writ petition in the Bombay High Court, Nagpur Bench, challenging the Tribunal's order. The High Court examined the facts and found that the Management had terminated the teacher's services without obtaining prior approval from the Deputy Director of Vocational Education and Training, as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court held that such termination without prior approval is illegal and void ab initio. The court also noted that the Tribunal had considered the facts and circumstances and awarded 50% back wages, which was not perverse. Consequently, the High Court dismissed the petition, upholding the Tribunal's order. The court directed the Management to comply with the order within four weeks, failing which respondent no.1 would be entitled to interest at 6% per annum on the arrears of back wages.
Headnote
A) Service Law - Termination of Service - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Management terminated the services of a teacher without obtaining prior approval from the Deputy Director of Vocational Education and Training. The School Tribunal set aside the termination as illegal and ordered reinstatement with 50% back wages. The High Court upheld the Tribunal's order, holding that termination without prior approval is illegal and void ab initio. (Paras 2-5) B) Service Law - Reinstatement and Back Wages - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal directed reinstatement with 50% back wages from 18.4.2013 till reinstatement. The High Court found no perversity in the order and dismissed the petition, affirming the Tribunal's discretion in awarding back wages. (Paras 2-5)
Issue of Consideration
Whether the termination of respondent no.1's service by the petitioner/Management without prior approval of the Deputy Director of Vocational Education and Training 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 dated 30.1.2014. The Management was directed to comply with the order within four weeks, failing which respondent no.1 would be entitled to interest at 6% per annum on the arrears of back wages.
Law Points
- Termination of service without prior approval of the Deputy Director of Vocational Education and Training is illegal
- Reinstatement with back wages is permissible under Section 5 of the MEPS Act
- 1977
- School Tribunal has jurisdiction to order reinstatement and back wages
- Absence of prior approval renders termination void ab initio
