LAWS(BOM)-2009-12-139

TUKARAM TULSIRAM NAKHATE Vs. PRESIDING OFFICER

Decided On December 07, 2009
TUKARAM TULSHIRAM NAKHATE Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) By this petition, the petitioner impugns the judgment passed by the Presiding Officer, School Tribunal, Nagpur (Chandrapur) on 11.4.2001 dismissing the appeal filed by the petitioner under the provisions of Section 9 of the Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act 1977.

(2.) The petitioner had filed an appeal before the Presiding Officer, School Tribunal, Nagpur claiming that he was appointed by the respondent/ management as a Clerk w.e.f. 3.9.1991. It is the case of the petitioner that the petitioner was again appointed as a Clerk by the appointment order dated 15.7.1993. It was pleaded by the petitioner in the appeal memo that the President of the Society called the petitioner to his residence on 6.12.1996 and obtained a letter of resignation which was backdated. It is stated in the appeal memo that the date was wrongly shown on the resignation letter as 5.11.1996. It was pleaded that the resignation letter was obtained under duress and since the petitioner was not permitted to attend his duties w.e.f. 10.12.1996, he challenged his oral termination before the School Tribunal. It was pleaded by the petitioner that his services could not have been terminated without holding due and proper enquiry.

(3.) The management denied the claim of the petitioner. It was denied that the petitioner was appointed as a Clerk. It was pleaded that initially the petitioner was appointed as Laboratory Attendant. The pleadings in the appeal memo about the forced resignation were denied by the management. It was pleaded that the petitioner had voluntarily resigned from the post of clerk in order to secure a better job. The Tribunal on appreciation of the material on record dismissed the appeal filed by the petitioner by the impugned order dated 11.4.2001.