CHAIRMAN PRESIDENT ROTARY CHARITABLE TRUST Vs. NAGENDRA PRATAPSINGH

JUDGEMENT

(1.) THIS appeal is filed against the order passed by the learned Single Judge dismissing Writ Petition No. 3817 of 2002 on 2nd August, 2002. The learned Single Judge by the said order, confirmed the order passed by the Presiding Officer, School Tribunal, New Mumbai in Appeal No. 12 of 2000.

(2.) THE service of the respondent-teacher was terminated and the said action was challenged by the teacher by filing an appeal before the School Tribunal. The Tribunal held that the order passed against the teacher was illegal on more than one ground. It was observed that as per the order of appointment dated 10th June, 1999, the Management was required to give notice of two months before terminating services of the petitioner. Since only one months notice was given, the action was illegal. It was also observed that as the service of the petitioner was not terminated by "management" as defined under section 2 (12) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, the action was liable to be set aside.

(3.) BEING aggrieved by the said order, the management approached this Court. The learned Single Judge confirmed the order passed by the Tribunal. That order is challenged in the present letters patent appeal.