Case Note & Summary
The petitioners, a school management and its headmaster, challenged three common orders of the School Tribunal at Amravati dated 28th April 2015 in Appeal Nos. 36, 37, and 38 of 2014. The Tribunal had set aside the termination orders dated 12.05.2014 passed by the management against three employees (Santosh Jaisingh Shele, Vijay Prakash Pawar, and Umesh Ramedh Waghmare) and directed their reinstatement with continuity of service and 75% backwages. The management argued that the employees were probationers and could be terminated without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The High Court rejected this contention, holding that Section 5 applies to all employees, including probationers, and that termination without prior approval is void ab initio. The Court further held that the School Tribunal has the power to award backwages under Section 9 of the MEPS Act, and the quantum of 75% was justified as the employees were not gainfully employed. The writ petitions were dismissed, upholding the Tribunal's orders.
Headnote
A) Service Law - Termination of Probationary Employee - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Prior Approval - Termination of a probationary employee without obtaining prior approval from the Education Officer under Section 5 is void ab initio - The School Tribunal correctly set aside such termination and granted continuity of service and backwages (Paras 2-4).
B) Service Law - Backwages - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Power of School Tribunal - The School Tribunal has the power to award backwages under Section 9, and the quantum depends on facts of each case - In this case, 75% backwages was justified as the employees were not gainfully employed (Paras 2-4).
C) Service Law - Probation - Section 5 of MEPS Act - Applicability - The requirement of prior approval under Section 5 applies even to probationary employees - The management cannot terminate a probationer without following the statutory procedure (Paras 2-4).
Issue of Consideration
Whether the School Tribunal under Section 9 of the MEPS Act has the power to award backwages and whether termination of probationary employees without prior approval under Section 5 is valid.
Final Decision
Writ petitions dismissed. Orders of School Tribunal upheld. Management directed to reinstate employees with continuity of service and pay 75% backwages.
Law Points
- Termination without prior approval under Section 5 of MEPS Act is void ab initio
- School Tribunal has jurisdiction under Section 9 to grant backwages
- Backwages can be awarded up to 100% depending on facts
- Management cannot circumvent statutory approval by terminating probationary employees
Case Details
2015 LawText (BOM) (04) 122
Writ Petition No. 2459 of 2015, Writ Petition No. 2460 of 2015, Writ Petition No. 2461 of 2015
Shri P.B.Patil for Petitioner, Shri N.B.Rathod for Respondent No.3, Smt. Rashi Deshpande, AGP for Respondent Nos. 1 & 2
Shri Vilasrao Deshmukh Shikshan Prasarak Va Bahuuddeshiya Sanstha, Buldana and Headmaster, Rajiv Gandhi Military School & Junior College (Sci.), Kolwad
The Hon'ble Member, School Tribunal, Amravati; The Education Officer (Secondary), Zilla Parishad, Buldhana; and Santosh Jaisingh Shele / Vijay Prakash Pawar / Umesh Ramedh Waghmare
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Nature of Litigation
Writ petitions challenging orders of School Tribunal setting aside termination of employees and granting backwages.
Remedy Sought
Petitioners (management) sought quashing of School Tribunal orders directing reinstatement with continuity and 75% backwages.
Filing Reason
Management terminated three employees without prior approval under Section 5 of MEPS Act; employees appealed to School Tribunal which set aside termination and granted backwages.
Previous Decisions
School Tribunal in Appeal Nos. 36, 37, 38 of 2014 set aside termination dated 12.05.2014, held employees entitled to continuity of service, and directed payment of 75% backwages.
Issues
Whether termination of probationary employees without prior approval under Section 5 of MEPS Act is valid.
Whether School Tribunal has power to award backwages under Section 9 of MEPS Act.
Submissions/Arguments
Petitioners argued that employees were on probation and could be terminated without prior approval under Section 5.
Respondent employees contended that Section 5 applies to all employees and termination without approval is void.
Ratio Decidendi
Termination of an employee without prior approval under Section 5 of the MEPS Act is void ab initio. The School Tribunal under Section 9 has the power to award backwages, and the quantum depends on the facts of each case. In this case, 75% backwages was justified as the employees were not gainfully employed.
Judgment Excerpts
In Appeal Nos. 36, 37 and 38 of 2014, decided by the School Tribunal at Amravati, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (in short 'the MEPS Act), the order of termination dated 12.05.2014 passed by the management has been set aside and it is held that the respondent employees are entitled to benefit of continuity in service.
The School Tribunal has directed payment of backwages to the extent of 75% and it is held that the employees were not gainfully employed.
Procedural History
Employees filed appeals before School Tribunal under Section 9 of MEPS Act challenging termination dated 12.05.2014. Tribunal allowed appeals on 28.04.2015 setting aside termination and granting continuity and 75% backwages. Management filed three writ petitions before Bombay High Court challenging those orders. High Court dismissed petitions on same day.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5, Section 9
