PATEL NURJAHANBEN UMARJIBHAI Vs. PRINCIPAL

JUDGEMENT

(1.) Both these petitions have been heard together as they arise out of common order made by Gujarat 2nd Primary Education Tribunal on 23rd December, 1998 in Application Nos.275 of 1991 and 32 of 1992.

(2.) The petitioner of Special Civil Application No.6987 of 1999 was employed by one Huseniyanagar Kelvani Mandal, Bharuch, who is the petitioner in Special Civil Application No.2324 of 1999. Hereinafter, the parties shall be respectively referred to as the 'employee' and 'school management'.

(3.) It is the case of the employee that she was appointed as Assistant Teacher on 15th June, 1989 in the primary section of the school. In support of the said stand, the employee has annexed certificate issued by the Principal of the school on 20th August, 1991. It is an accepted position that at the time of appointment of the employee, trained teachers were not available and hence, the employee was appointed, though she was untrained. At the relevant point of time, the educational qualification of the employee was only S.S.C. and she had taken an examination of P.T.C. whose result was awaited. The employee was paid a lumpsum remuneration of Rs.500/- per month from the date of joining up to May, 1990 and thereafter the amount was increased to Rs.600/- per month. According to the employee, since June, 1991, she was prevented from attending the school without any reason and was orally informed not to attend the school. As according to the employee, the entire act of school management was without following due procedure, an application no.275 of 1991 was preferred on the ground that her services could not be terminated without following the procedure laid down in Section 40-B of the Primary Education Act, 1947 (the Act). Interim relief was also prayed for to the effect that the school management be prevented from restraining the employee from attending the school and from withholding regular salary. On 27th November, 1991, ex-parte injunction in terms of paragraph No. 5(3) of the application was granted by the Tribunal and the same was confirmed after bipartite hearing vide order dated 09th January, 1992.