SHAIKH ABDUL RAHIM NABI Vs. ANJUMANIISLAM

JUDGEMENT

(1.) The Plaintiff is a teacher in the defendant No.2 school run by Defendant No.1 (The School). Defendant No.3 is another teacher in the School. The Plaintiff tendered his letter of resignation to the school on 25 th August, 1993. The Principal of the School accepted resignation and the Plaintiff s service was terminated. The Plaintiff challenges the letter or resignation as having been obtained by coercion and upon the premise that it was not accepted by the Principal on the next day. The Plaintiff sought to withdraw his resignation by his letter dated 3 rd September, 1993 on the ground that it was obtained by coercion. The Plaintiff further sent a letter dated 3 rd September, 1993 to the Principal of the school stating the same facts. The Plaintiff received the acceptance of his resignation from the school under the letter dated 26 th August, 1993 after the Plaintiff sought to withdraw his resignation under his letter dated 3 rd September, 1993. The Plaintiff claims that he received that letter on 7 th September, 1993 anti dated to 26 th August, 1993.

(2.) The Plaintiff challenged his termination by his resignation on the ground that it was forcibly obtained before the school tribunal as the competent authority under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) by way of an appeal as provided under Section 9 of the Act.

(3.) The appeal of the Plaintiff shows how his resignation was obtained on 25 th August, 1993 and how it was accepted on the very next day i.e. 26 th September, 1993 received by him on 7 th September, 1993 by post. In the appeal the Respondent also contended that his resignation letter was required to be accepted by the management i.e. by the managing committee of the school and the fact that it is shown to be accepted on 26 th August, 1993 i.e. the next day it shows that the managing committee was not called and it was not considered by the managing committee. He imputed malafides upon the school as the resignation letter was accepted with great hurry'.