SATISH BALKRISHNA MULE Vs. M.V. CHASKADBI

JUDGEMENT

(1.) THIS writ petition is filed by petitioner Shri Satish Balkrishna Mule against the order dated August 16, 1985 passed by the Presiding Officer, School Tribunal, Pune refusing him the relief of reinstatement.

(2.) THE petitioner was appointed as a teacher in the school run by Shri Samarth Vidya Prasarak Mandal, Ahmednagar since 1982. His services came to be terminated some time in June 1985. Being aggrieved by the said order of termination of his services, he filed an appeal before the School Tribunal. The Tribunal came to the conclusion, that before terminating the services of the petitioner the management had not followed the procedure prescribed by Rules 33 to 37 of the Maharashtra Employees of Private School (Conditions of Services) Rules 1981 and, therefore, the termination of his services was illegal. As a necessary consequence of this, the order of termination came to be set aside.

(3.) SHRI Apte, learned Counsel appearing for the petitioner contended before us that this was a fit case wherein the normal relief of reinstatement with back wages should have been granted. The Tribunal committed an error in granting the alternate relief of compensation. He also contended that even otherwise the order passed by the Tribunal is illegal, as the Tribunal has not granted back wages in addition to the compensation, but has only granted three months' salary as compensation. Thus, in substance it is contended by Shri Apte that the Tribunal has failed to exercise the jurisdiction vested in it by Jaw or has exercised the jurisdiction illegally, which has resulted in miscarriage of justice.