WALCHANDNAGAR INDUSTRIES LTD Vs. SUREKHA SITARAM POPHALE

JUDGEMENT

(1.) The Petitioners in all these petitions run a school mainly for the children of their employees. It appears that the workforce in the petitioners' factory reduced as a result of which the number of students in the school declined. The petitioners were, therefore, compelled to reduce classes in the primary section. The Petitioners consequently applied to the Education Officer on 20.6.1987 under Rule 26 of the MEPS Rules for permission to retrench 10 permanent teachers. Certain queries were raised by the Education Officer in his letter of 8.12.1987. The Petitioners answered these queries and submitted various documents including the seniority list of the employees who would be affected by the retrenchment. The petitioners had also sought permission to retain two junior teachers, one of whom, Smt.P.P. Patki, was a widow. The petitioners considered it their social obligation to retain her in service because of exceptional circumstances. As regards the other teacher, Shri A.R. Shah, who was junior to the 10 permanent teachers who were to be retrenched, the petitioners pointed out that they wished to implement the policy of the Government to keep the family together; the wife of this employee was working in Walchandnagar. The proposal of the petitioners to retain the junior employees was accepted by the Education Officer only qua Smt.P.P. Patki. The Education Officer did not permit the Petitioners to retain Shri Shah. The Education Officer by his communication of 30.5.1988 granted permission for retrenching the 10 employees, including Shri Shah.

(2.) Accordingly, the petitioner gave notice to the affected teachers on 10.6.1988 that they proposed to retrench them w.e.f. 15.9.1988. The teachers were also informed that they did not need to report for work as there was no work available and that they would be deemed to be present and their salaries would be paid accordingly.

(3.) A week later, the Education Officer by his letter of 17.6.1988 called upon the petitioners to permit the teachers affected to sign the muster rolls and further directed them to furnish a seniority list. The Petitioners complied with these directions on 11.7.1988. On 15.9.1988, the retrenchment came into effect. The services of the 10 teachers were terminated on account of retrenchment. The aggrieved teachers filed appeals before the School Tribunal, seeking reinstatement with full backwages.