Case Note & Summary
The petitioners, the management of a school, challenged the judgment of the School Tribunal dated 18.8.1994 in Appeal No.60 of 1990. The Tribunal had set aside the oral termination of respondent No.1, Jagannath Pandurang Kshirsagar, who was the Headmaster, and directed his reinstatement with continuity of service and backwages. The respondent claimed he was orally terminated on 12.6.1990 and prevented from signing the muster roll. The management contended that there was no termination and that the respondent had been transferred to another school on his own request. The High Court noted that the management's stand was inconsistent with the inspection report showing the respondent as Incharge Headmaster. The Court held that the Tribunal's findings were based on evidence and not perverse. The petition was dismissed, and the interim relief granted earlier was vacated. The Court directed the management to comply with the Tribunal's order within four weeks.
Headnote
A) Service Law - Oral Termination - Reinstatement with Backwages - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal found that the respondent was orally terminated from service as Headmaster. The management's denial of termination was not accepted as the respondent was prevented from signing the muster roll. The Tribunal directed reinstatement with continuity and backwages. The High Court upheld the order, finding no perversity in the Tribunal's findings. (Paras 1-7)
Issue of Consideration
Whether the School Tribunal was justified in setting aside the oral termination of the respondent and directing reinstatement with continuity and backwages.
Final Decision
The petition is dismissed. The interim relief granted earlier is vacated. The petitioners are directed to comply with the order of the School Tribunal within four weeks from today.
Law Points
- Oral termination
- burden of proof on management
- reinstatement with backwages
- school tribunal jurisdiction
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2015 LawText (BOM) (12) 12
WRIT PETITION NO. 4372 OF 1994
Shri Ajinkya Kale h/f Shri S.B.Talekar for Petitioner, Shri V.G.Shelke AGP for Respondent 2
Osmanabad District Swatantra Sainik Samiti and The President, Dharashiv Prashala School Committee
Jagannath Pandurang Kshirsagar, The Education Officer (S), Zilla Parishad, Osmanabad, and The Presiding Officer, School Tribunal, Aurangabad
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal which set aside oral termination and directed reinstatement with backwages.
Remedy Sought
Petitioners sought to quash the School Tribunal's order dated 18.8.1994.
Filing Reason
Petitioners challenged the Tribunal's finding of oral termination and direction to reinstate with backwages.
Previous Decisions
School Tribunal in Appeal No.60 of 1990 set aside oral termination and directed reinstatement with continuity and backwages.
Issues
Whether the School Tribunal erred in holding that the respondent was orally terminated.
Whether the direction to pay backwages was justified.
Submissions/Arguments
Petitioners argued that there was no termination; respondent was transferred on his own request and did not report for duty.
Respondent contended he was orally terminated and prevented from signing the muster roll.
Ratio Decidendi
The School Tribunal's findings on oral termination were based on evidence and not perverse; the management's denial was unsubstantiated. Reinstatement with backwages is justified.
Judgment Excerpts
The petitioners have challenged the judgment of the School Tribunal dated 18.8.1994 in Appeal No.60 of 1990, by which the School Tribunal has set aside the oral termination of respondent No.1 and the petitioners are directed to reinstate him on the post of Headmaster with continuity of service and backwages.
Shri Kale further points out an inspection report placed on record from page Nos. 47 to 53. He submits that it is an inspection report of the Terana High School, Osmanabad, which was on 'No grant basis'.
Procedural History
The petition was admitted on 17.2.1995. Interim relief staying the direction to pay backwages was granted by a Division Bench. Subsequently, the matter was placed before a Single Judge for final hearing. The School Tribunal had passed the impugned order on 18.8.1994.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
