KARACHI EDUCATION SOCIETY PUNE Vs. PRUTHVIRAJ R MERCHANT

JUDGEMENT

(1.) Petitioner no. 1, Karachi Education Society, is a public charitable trust as well as a society duly registered under the Bombay Public trust Act and the Societies Registration Act, 1860. It runs a number of educational institutions, including B. T. Sahani Navin Hind Primary school at 774, Bhawani Peth, Pune-2.

(2.) By this petition, the petitioners have challenged the order of the school Tribunal dated 6. 1. 1992 holding that respondent no. 1's resignation is not voluntary and in accordance with law and, therefore, he is entitled to reinstatement.

(3.) Respondent no. 1 was working as an Assistant Teacher in B. T. S. Navin Hind Primary School. On 1. 3. 1988 he addressed a letter to the headmaster stating that he desires to resign from his post of Asstt, teacher with immediate effect and he sought to be relieved immediately. After a year and about three months, he filed an appeal alleging that his resignation was forced and not in accordance with law and, therefore, he should be reinstated. The appeal is allowed by the school Tribunal which has held that the resignation is involuntary and not in accordance with Section 7 of the Maharashtra Employees of private Schools (Conditions of Service) Regulation Act, 1977, hereinafter referred to as the "act". Section 7 of the Act reads as follows:-If any employee intends to resign his post in any private school, at any time after the appointment date, he shall draw up a letter of resignation in duplicate and sign both the copies of that letter and put the date thereon. He may then forward one copy to the Management by registered post and keep the other copy with him. On a plain reading, the section requires the employee to draw up a letter of resignation in duplicate and put his signature. The latter part of the section suggests the mode of transmission of the resignation. It says that the employee may forward one copy to the management by registered post and keep the other copy with him. This is obviously intended to enable the employee to directly tender the letter of resignation to the management and obtain an acknowledgement. It appears that the word "may" has been used deliberately by the legislature.