(1.) The petitioner is before this Court assailing the order dated 18-12-2009 passed in Misc. Appeal (EAT) No. 41 of 2003 by the Education Appellate Tribunal, Shimoga. The order impugned is at Annexure-S to the petition.
(2.) The respondent No. 1 was before the EAT in the appeal filed under Section 94(1) of the Karnataka Education Act, 1983 alleging oral termination by the petitioner-management with effect from 1-6-2003. The EAT having considered the matter in detail has answered Point Nos. 1 to 4 in the affirmative and in that light has allowed the appeal and directed the petitioner herein who was respondent 1 before the EAT, to reinstate the appellant with 50% back wages from the date of termination up to the date of reinstatement including all consequential benefits and allowances. The petitioner-management claiming to be aggrieved by the same is before this Court in this petition.
(3.) The learned Counsel for the petitioner while assailing the order passed by the EAT would contend that though the petitioner had been appointed as an English Teacher with effect from 2-12-1994, the same was a temporary appointment and his services had been dispensed as per the decision taken on 12-6-1997. In that light, it is contended that respondent 1 not having worked subsequent to 12-6-1997 has falsely claimed that there was oral termination on 1-6-200