WALVA EDUCATION SOCIETY Vs. SANKPAL BALASAHEB BABURAO

JUDGEMENT

(1.) THE grievance in this petition is that the Tribunal has without hearing the Management on considering the application of the respondent - teacher filed in appeal no.139 of 1997, has granted exparte stay as per his order dated 21st July 1997. Alongwith the petition, the petitioner has produced certain documents with the appeal filed by the respondent before the School Tribunal and the application for stay and the order passed thereon by the School Tribunal dated 21st July 1997 and the application submitted by the respondent-teacher in the said appeal through, advocate on 14th August 1997. With the help of learned advocates for the parties, I was taken through the relevant documents and written statement filed by the petitioner-Management in the said appeal filed by the respondent dated 14th August 1997 and the order under challenge dated 21st July 1997. Even the learned counsel appearing on behalf of the respondent no.4 has conceded that the matter be remanded back to the School Tribunal for considering the application filed by the respondent-teacher wherein the respondent has challenged the termination order and also prayed for stay of implementation of the said order. THE order of the School Tribunal is stayed by this Court as per order dated 3rd December 1997 passed in this writ petition by the Division Bench after hearing the learned Addl. Govt. Pleader and while issuing the notice to the respondent no.1 which was made returnable on 15th December 1997 and granted stay of the order dated 21.7.1997 passed by the School Tribunal below said application filed by the respondent no.1.

(2.) THE case of the respondent as highlighted in para no.6 of the appeal memo while challenging the order of the termination before the School Tribunal, reads as under: "But on the 23/06/1997 the respondent no.2 Head Master have obstructed the appellant and did not allow him to sign the muster for his signature, but allowed him to teach in the classes on 23.06.1997 and 24.06.1997 respectively. THE appellant had worked in the Classes on 23.6.1997 and 24.6.1997 without signing the muster roll, support of which he had checked the gruhpat note book of students. THErefore, the action of respondent no.2 is covering under the term of otherwise termination. Hence, the subject matter of appeal is also covered under section 9(1) of the Act."

(3.) ON going through the petition and on going through the said order, the Tribunal has power to grant exparte stay. However, in the present case, on the case put forward by the respondent-teacher, which I have already highlighted and reproduced earlier, it 6, it is the case of the respondent-teacher that he is working with the School since 1992 and he was not permitted to sign the muster by the Head Master on 23rd June 1997 and on 24th June 1997 and accordingly oral termination order was challenged before the School Tribunal on 21st June 1997 by presenting appeal as well as by filing the stay application. Admittedly, when the appeal was presented the respondent-teacher even according to his case before the Tribunal, Head Master has not permitted to sign the muster roll on 23rd June 1997 and on 24th June 1997 and the said action of the Head Master was challenged by the respondent-teacher before the School tribunal on 21.7.1997. With this fact, the Tribunal has as per order dated 21.7.1997 on considering application of the respondent teacher and on examining the record has granted exparte stay and directed the Management not to discontinue the services of the appellant-teacher and permitted him to discharge his duties by issuing show cause notice which was made returnable on 14th August 1997. Considering this fact, when the Tribunal has kept the matter on 14th August 1997 and the petitioner-Management has filed his written statement to the said appeal as well as to the application for stay on 14th August 1997, verified by the respondent nos. 1 and 2 to the said appeal, can the Tribunal not require to examine the case on the returnable date when the Tribunal has kept the matter on 14th August 1997 and even the respondent-Management to the said appeal has also filed say to the application for stay as well as to the appeal on 14th August 1997 ? ONce the Tribunal has kept the matter and, made notice returnable, the Tribunal is supposed to examine the case on that day and more particularly, in the present case, the Management has already filed reply to the contentions raised in the appeal filed by the respondent in respect of the appeal as well as in respect of the stay application. The Tribunal is required to consider the case put forward by the parties and decide the application in accordance with law. But in the present case, the Tribunal has kept the matter on 14th August 1997 and on behalf of the management a reply filed to said application , the Tribunal did not proceed further with the hearing of the said application. In my view, the Tribunal was not justified in not hearing the said application filed by the respondent no.1 when the Tribunal itself has kept the matter by issuing show cause notice on 14th August 1997. The order of the Tribunal dated 21st July 1997 is stayed by this Court at the admission Stage as per order dated 3rd December 1997. It is also brought to my notice that on 14th August 1997, the application for taking action against the Management is also filed by the respondent-teacher to initiate contempt proceeding against as the respondent-Management has not implemented the interim order passed as per order dated 21st July 1997. The exparte order dated 21st July 1997 deserves to be set aside. Accordingly, the Tribunal is directed to decide the said application filed by the respondent teacher as expeditiously as possible and decide the same in accordance with law however not later than 23rd December 1998. The parties to the said appeal are directed to give cooperation in disposing of the said application. The office to issue writ forthwith to the School Tribunal Kolhapur. With this observation, the petition is disposed of with no order as to costs. This order be brought to the notice of concerned Presiding Officer School Tribunal. Order accordingly.