Case Note & Summary
The petitioner, Rajapur Shikshan Prasarak Mandal Ratnagiri, a registered society running an educational institution, filed a writ petition challenging the order of the Education Officer (Secondary) Ratnagiri dated 21st April 2015. The order directed the petitioner to pay back wages to respondent no.3, an employee, in compliance with the School Tribunal's order. The respondent no.3 was appointed on 12th June 1985 and his services were terminated on 23rd January 2010 for alleged misconduct. The School Tribunal, by judgment dated 16th August 2011, allowed the appeal, declared the termination illegal, and ordered reinstatement with 50% back wages. The petitioner contended that as per the State Government's policy (Government Resolution dated 27/06/2012), the back wages should be paid by the State Government, not the employer. The Education Officer rejected this contention and directed the petitioner to pay. The High Court examined the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the relevant Government Resolution. The Court held that the liability to pay back wages is on the employer, and the policy does not shift this liability to the State. The Court dismissed the petition, upholding the Education Officer's order.
Headnote
A) Service Law - Back Wages - Liability of Employer - Section 12, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal ordered reinstatement with 50% back wages. The Education Officer directed the petitioner to pay back wages. The petitioner contended that as per State Government policy, back wages should be paid by the State. The Court held that the liability to pay back wages is on the employer, not the State, and the policy does not absolve the employer. (Paras 1-19) B) Service Law - State Government Policy - Back Wages - Government Resolution dated 27/06/2012 - The petitioner relied on a Government Resolution stating that back wages shall be paid by the State Government. The Court held that the policy applies only to cases where the employee is reinstated by the State or its authorities, not to cases where the employer is a private educational institution. (Paras 14-18)
Issue of Consideration
Whether the Education Officer can direct the petitioner (employer) to pay back wages to the employee in compliance with the School Tribunal's order, or whether the State Government is liable to pay back wages under its policy.
Final Decision
Writ petition dismissed. Order of Education Officer dated 21st April 2015 upheld. Petitioner directed to pay back wages to respondent no.3.
Law Points
- Back wages liability of employer
- State Government policy on back wages
- interpretation of Section 12 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
