MAHARASHTRA SHIKSHAN SANSTHA NAGPUR Vs. EDUCATION OFFICER NAGPUR

JUDGEMENT

(1.) THE Petitioner No. 1 is an Educational Society which run the Petitioner No. 2 School. The petitioner have challenged in the instant Writ Petition the interim order of the learned School tribunal dated 21-8-1992 by which it has confirmed its ex parte ad interim order directing reinstatement of the respondent No. 2 in Service in his post of Assistant Teacher in the Petitioner no. 2 School pending decision of the appeal preferred by her before it.

(2.) THE learned Counsel for the petitioners has urged two contentions before us. The first contention urged before us is that there is no power in the School Tribunal to direct reinstatement of the teacher concerned temporarily pending its final decision in the appeal. The second contention raised before us is that the School Tribunal has at any rate no power to grant by way of interim relief the full relief which it can grant only at the time of final decision in the appeal before it. In support the learned Counsel for the petitioner has relied upon the judgment of the supreme Court in the case of Cotton Corporation of India v. United Industrial Bank Ltd. AIR 1983 SC 1272.

(3.) IT may be seen that the conditions of service of the Assistant Teachers working in the secondary School are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 (for short the 'act') and the Rules framed thereunder viz. Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short the rules ). Section 4 of the Act provides that the terms and conditions of service of employees of private Schools would be governed by the Rules framed in that regard under the Act. Sub-section (2) of section 5 provides that every person appointed to fill a permanent vacancy shall be on probation for a period of two years and that, subject to the provisions of sub-sections (4) and (5), he shall, on completion of this probation period of two years, be deemed to have been confirmed. Sub-section (3) of section 5 then provides that if in the opinion of the management, the work or behaviour of any probationer, during the period of his probation, is not satisfactory, the Management can terminate his services at any time during the said period after giving him one month's notice or salary of one month in lieu of notice.