PRABHAVATI BHAURAO BHIVGADE Vs. NEW GRAND EDUCATION SOCIETY

JUDGEMENT

(1.) IN this petition under Article 226 of Constitution of India, the petitioner/employee challenges the judgment and order dated 31 -7-1992 passed by School Tribunal, Nagpur in an appeal under section 9 of maharashtra Employees of Private Schools (Conditions of Service) Regulation act, 1977, whereby the appeal filed by the petitioner/employee has been dismissed on merits as also on the ground of limitation.

(2.) ADVOCATE HA Deshpande appearing for the petitioner points out that the petitioner was appointed as an Assistant teacher in July, 1979 to teach primary classes and in 1979 she worked in New Indira Convent School, buddhanagar, Nagpur and in 1981 - 1982 she was working in Mahatma gandhi Convent School, Vaishalinagar, Nagpur and in 1983-84, she again worked in New Indira Convent School and after 1984 she was working in Kai. Rajaram Badule Convent, Shende Nagar, Nagpur. She worked in academic sessions 1984-85, 1985-86 and 1986-87. He points out that she was sent on deputation for D. Ed. training in 1985 and she completed D. Ed. in 1986. He points out that earlier her qualifications were SSC with Pre D. Ed. The petitioner was not permitted to join her duties on 5th October, 1987 and, therefore, she made representations and after waiting for result thereof ultimately she filed an appeal before the School Tribunal under section 9 of the said Act on 2nd December, 1988. As there was delay, a separate application for its condonation was also moved.

(3.) THE appeal was opposed by respondent/management, which pointed out that the services of petitioner were laminated at the end of academic sessions 1986-87 on 30th April, 1987 and she did not work in their school thereafter. The respondent/management has contended that she was working on temporary basis and was not qualified teacher. They have denied that she obtained D. Ed, qualification in 1986. They have stated that the petitioner is not an employee as defined under section 2 (7) of MEPS Act and appeal filed by her was not maintainable as the school itself was not recognised till 1987.