Case Note & Summary
The petitioners, Smt. Kokila Gujrya Padvi and Divlya @ Dinkar Rotu Padavi, were employed as Hostel Superintendents by the Adivasi Satpuda Shikshan Prasarak Mandal, a trust operating hostels in tribal areas of Nandurbar district. Their services were terminated by a letter dated 17/12/2009 with effect from 21/12/2009. The petitioners challenged the termination on the grounds that it was stigmatic, without any notice or opportunity of hearing, and contrary to the Government Resolutions dated 15/07/1995 and 16/03/1998 which regulate the service conditions of employees in such aided institutions. The court found that the termination order was stigmatic and passed without following the principles of natural justice. The court held that the Government Resolutions were binding on the respondent Trust and that the termination without notice or compensation was illegal. The court set aside the termination orders and directed reinstatement with continuity of service and back wages from the date of termination till reinstatement, to be paid within eight weeks. The court also awarded costs of Rs. 5,000 to each petitioner.
Headnote
A) Service Law - Termination - Stigmatic Order - Termination order casting stigma on employee without holding any inquiry or giving opportunity of hearing is violative of principles of natural justice - Held that such termination is illegal and liable to be set aside (Paras 3-5). B) Service Law - Government Resolutions - Binding Nature - Government Resolutions dated 15/07/1995 and 16/03/1998 regulating service conditions of employees in aided institutions are binding on the employer - Held that termination without following the procedure prescribed therein is unsustainable (Paras 3-5). C) Service Law - Retrenchment - Notice and Compensation - Termination of service without giving one month's notice or pay in lieu thereof and without payment of retrenchment compensation as per Section 25F of the Industrial Disputes Act, 1947 is illegal - Held that the petitioners are entitled to reinstatement with continuity of service and back wages (Paras 5-6).
Issue of Consideration
Whether the termination of the petitioners by the respondent Trust without following the procedure under the Government Resolutions dated 15/07/1995 and 16/03/1998 and without giving any notice or opportunity of hearing is legal and valid.
Final Decision
The court allowed both writ petitions, quashed the termination orders dated 17/12/2009, and directed reinstatement of the petitioners with continuity of service and full back wages from the date of termination till reinstatement, to be paid within eight weeks. Costs of Rs. 5,000 each were awarded to the petitioners.
Law Points
- Termination without notice
- violation of natural justice
- stigmatic order
- government resolutions binding on aided institutions
- retrenchment without compensation
