BHARTIYA ADIWASI SHIV SHIKSHAN SANSTHA GARADA Vs. PREMDIP

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, the learned Counsel for respondent No. 1, and the learned Counsel for respondent No. 3

(2.) This petition takes exception to the order passed by the Presiding Officer, Additional School Tribunal, Nagpur, on 10-3-2000, whereby the School Tribunal allowed the appeal presented by respondent No. 1 -Teacher and issued a direction to the petitioner-Management in respect of reinstatement of the Teacher in service with 50% of back wages.

(3.) It is the contention of the respondent-Teacher that he was serving with the petitioner-Management as Hindi Teacher since 1-7-1987 and was continuously in employment till the date of his termination, i.e. 3-10-1998. At the time of his entry in service, the respondent-Teacher possessed qualification of SSC and he had acquired the degree in Hindi Pandit. According to the respondent-Teacher, he had put in more than 11 years of service and that he is, therefore, deemed to be a confirmed Teacher. According to him, the order of termination issued by the petitioner-Management is illegal and in violation of the provisions of the Maharashtra Employees of frivate Schools (Conditions of Service) Regulation Act, 1977. It is further contented by the respondent-Teacher that initially he was appointed as Hindi Teacher in Narayan Madavi Vidyalaya. However, the said School was closed down by the Management and thereafter his services were continued in another School run by the Management at Minsi. It is further contended by the respondent-Teacher that his service record was unblemished, there was no enquiry initiated by the Management before the termination of his services and as such the impugned order is bad in law.