PROGRESSIVE EDUCATION SOCIETY Vs. RAJENDRA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant No.1 herein is a Society which runs a school wherein the Respondent No.1 herein was appointed on probation on 4th August, 1992. Pursuant to the order of appointment, the Respondent No.1 joined his duties in the school on 8th August, 1992 and his appointment was approved by the Respondent No.2, The Education Officer (Secondary) Zilla Parishad, District Wardha, Bombay, on probation for a period of two years from 8th August, 1992. Ordinarily, the period of probation would have come to an end on 7th August, 1994, but before completion of the said period, the service of the Respondent No.1 was terminated by the Management of the Appellant-Society with effect from 31st July, 1994, although the order of termination was dated 1st August, 1994, on the ground that his work was found to be unsatisfactory during the period of probation. While terminating his services, the Appellant-Society also paid a sum of Rs.3076/- to the Respondent No.1 as notice pay.

(3.) The Respondent No.1 challenged the order of termination of his service before the School Tribunal under Section 9 of The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "MEPS, Act"). The basic ground of challenge taken by the Respondent No.1 was that there was nothing wrong with his performance or conduct and that the results in Mathematics, which was his subject, was cent percent. The Respondent No.1 also contended that his termination was in contravention of Section 5(3) of the MEPS Act and the Management did not have any material before it to justify the termination order.