SHIKSHAN PRASARAK MANDAL Vs. UTTAM HARIBA BHANDRE

JUDGEMENT

(1.) This Petition is directed against the Judgement and order dated 20-8-1998 rendered by the School Tribunal at Kolhapur thereby allowing Appeal No. 35/1997. The Respondent was ordered to be reinstated in service with Janata Vidyalaya as a Lab. Attendant and to pay him full backwages including allowances w.e.f. 26-11-1994 till he would be actually reinstated. While admitting this Petition by the order dated 15-2-1999 the impugned order was stayed to the extent of payment of backwages on the condition that the Respondent No.1-appellant would be reinstated in service within two weeks. Mr.Pakale, the Learned Counsel for the Appellant states that he has been accordingly reinstated from 24-2-1999 and he is in service at present. Hence, the only issue that is required to be considered is the payment of backwages.

(2.) The appellant was appointed in the post of Peon by the present Petitioners w.e.f. 1-12-1977 and he came to be promoted to the post of Laboratory Attendant w.e.f. 20-11-1989. It appears that he had worked as a Laboratory Attendant for the S.S.C. examination held in March-April 1994 but he had not received his remuneration, therefore, he submitted a complaint to the S.S.C. Board, Kolhapur in that regard. Immediately on receipt of the said complaint, the Board by its letter dated 11-5-1994 had called upon the Head Master of Janata Vidyalaya, Bambavade to pay him the service charges which were included in the cheque amount of Rs. 101/- drawn in favour of the said Head Master. However, the appellant did not receive any such service charges and on the contrary the Head Master allegedly started harassing the appellant as he had filed a complaint with the S.S.C. Board. He was called upon to withdraw the letter dated 11-5-1994. The Head Master was not alone but with the help of Shri Kumbhar - Clerk he obtained a forced resignation of the appellant from the post of "Laboratory Attendant" on 7-9-1994 and later the said letter was posted by Registered A.D. immediately on next day i.e. 8-9-1994. The appellant submitted his complaint to the S.S.C. Board as well as the Education Officer. In the meanwhile the resignation came to be accepted and the appellant was not allowed to enter. The Petitioner had withdrawn his complaint submitted to the S.S.C. Board on 6-9-1994 by again a forged letter of withdrawal of complaint. He approached the Education Officer again by his representation dated 29-11-1994 and to the Dy. Director of Education, Kolhapur by his letter dated 8-1-1997 as well as 4-2-1997. In the meanwhile he approached the Labour Court by filing the complaint of unfair labour practice and the same was dismissed as not maintainable on 7-6-1996. He approached the Industrial Court in Revision which was also dismissed on 18-2-1997 by granting liberty to the appellant to approach the School Tribunal and that is how Appeal No.35/1997 came to be filed belated. A separate application for condonation of delay was filed before the School Tribunal and delay was condoned.

(3.) The main issue before the Labour Court was whether the appellant had voluntarily submitted his resignation or whether he was forced to submit his resignation on 8-9-1994 and consequently whether by accepting the said resignation, it was a case of otherwise termination of service w.e.f. 26-11-1994. The Respondent management before the School Tribunal had filed its written-statement and had opposed the complaint. It was contended that the appellant had voluntarily submitted his resignation, sent it by post and a fabricated plea was taken subsequently of forced resignation. Consequently, the management prayed for dismissal of the Appeal as not maintainable.