ANEKANT EDUCATION SOCIETY Vs. TILOTAMA JITENDRA PARIKEE

JUDGEMENT

(1.) Called out from the final hearing board.

(2.) The petitioner has challenged the impugned order dated 5.3.2002, whereby the Presiding Officer, School Tribunal, Pune Region, Pune has set aside the termination order dated 23/27.3.2001 and directed the petitioner to reinstate the respondent No. 1. This Court while admitting the petition after hearing both parties, granted an interim relief in terms of prayer Clause (c) and thereby stayed the impugned order. It is also observed, "In the event, petitioner opens or start any school, it will be open to the respondent to apply for further directions".

(3.) A statement is made that there was no such application made by respondent No. 1 because the School itself was closed down. It was unauthorized and illegal according to respondent No. 5 Education officer also. The termination letter dated 23.3.2001 itself makes position very clear that the management has decided to close down the said English Primary School and therefore, the services are not required and accordingly terminated and as it was temporary. Therefore, the order of termination in this background cannot be said to be bad or illegal. The aspect of jurisdiction of School Tribunal with regard to the dispute of employees of any unrecognized school is very essential to be decided before passing any order under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short called as "MEPS Act").