UKTRANTI MANDAL, JARUD Vs. SHRIRAM MANOHAR BANDE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.

(2.) By this writ petition, the petitioners i.e. the Management and the School have challenged judgment and order dtd. 25/01/2019, passed by the School Tribunal, Amravati, whereby oral termination of service of respondent No.1 has been set aside and the petitioners have been directed to reinstate him with 50% back-wages, along with other consequential benefits.

(3.) In the present case, the respondent No.1 was working in the petitioner No.2-school as an Assistant Teacher. On 10/10/2017, the respondent submitted his resignation from the said post. It was the case of the respondent that subsequently on 25/10/2017, he withdrew his resignation by a letter, which he posted on 03/11/2017. He claimed that on 23/11/2017, he went to the school to resume his service when the Headmaster of the petitioner No.2 - school did not allow him to sign on the muster role and that subsequently on 27/11/2017, he received a letter stating that he was relieved from his service. It was the case of the respondent that since he had withdrawn his resignation, the petitioners could not have prevented him from joining his duties and since he was prevented from performing his duties, it was a case of the otherwise termination of service or oral termination of his service.