GANGUBAI MADHUKAR JAGDHANE Vs. SARDARPRAT APSINGH EDUCATION SOCIETY

JUDGEMENT

(1.) These two petitions can be disposed of together as they involve substantially common issues of law and fact.

(2.) Some time in the year 1980, both the petitioners came to be appointed as ClassIV employees in the school established and managed by respondent Nos.1 and 2. It is the case of the petitioners that since they filed complaints/petitions for payment of salary as per 5th Pay Commission Scale, with effect from 13 June 2002 the petitioners were not permitted to resume duties upon the school reopening after summer vacation. In deference to the legal notice served by the petitioners through their advocate, the petitioners were permitted to resume duties for a couple of months. However, by notice dated 1 August 2002, the petitioners were informed that respondent Nos.1 and 2 have decided to close down the school an that the services of the petitioners were being terminated on account of abolition of posts due to closure of the school. The notices which were received by the petitioners only on 1 October 2002, were accompanied by cheques in amounts corresponding to three months salary. Such cheques were encashed by the petitioners, before filing of appeals before School Tribunal on 10 February 2003 impugning the order of termination. The Tribunal, by order dated 9 February 2004, declined to condone the delay in filing the appeals. This Court, however, set aside the order, condoned the delay and restored the appeals to the file of the School Tribunal for decision in accordance with law.

(3.) The School Tribunal, by separate orders dated 23 September 2008, has dismissed the two appeals. Hence, the two separate petitions.