BALIRAM SITARAM RONGATE Vs. PRESIDENT

JUDGEMENT

(1.) This petition impugns the judgment and order dated 6/1/1998 rendered by the School Tribunal at Nashik thereby dismissing Appeal No.16 of 1996 filed by the petitioner. The petitioner had approached the Tribunal contending that he was orally terminated from reporting for duty on 13/4/1996 was not paid his salary for February 1996 and he was initially appointed from 10/10/1994 and, therefore, the oral termination was illegal.

(2.) The management filed its written statement and opposed the appeal. It pointed out that the appellant was a relation of the Chairman and was appointed on temporary basis by way of stop gap arrangement and as a Kamathi at the hostel run by Adivasi Vidya Prasarak Mandal and he was not employee at the respondent no.2 - school. The written statement also pointed out that he was not in continuous service and was appointed on temporary basis for two different periods. The management further denied the allegations that the appellant attained the status of a deemed permanent employee within the meaning of Section 5(2) of the MEPS Act, 1977 ("the Act" for short).

(3.) After hearing both the parties and considering the undisputed documents, the Tribunal at the first instance agreed that the appellant was appointed as a Kamathi. Consequently he could not be called as an employee as defined under Section 2(7) of the Act and hence the appeal filed by him under Section 9 of the Act was not maintainable. The Tribunal did not stop here itself and rightly proceeded to consider the case of the appellant on merits as well.