GURUKUL SHIKSHAN PRASARAK MANDAL Vs. SHARDA ASHOK SURYAGANDH

JUDGEMENT

(1.) By these two petitions filed under Article 226 of the Constitution of India, both the parties i.e. the management and the teacher have impugned the order dated 30th June, 2011 passed by the learned Presiding Officer, School Tribunal, Mumbai partly. By consent of parties, both the petitions were heard together and are being disposed off by a common order. Some of the relevant facts for the purpose of deciding these two petitions are as under :-

(2.) On 14th June, 1993, the said Assistant Teacher was appointed on probation for a period of two years by the Management. The said Assistant Teacher applied for leave for a period of three months commencing from 26th November,1993 since she had delivered a baby boy on 26th November,1993. It is the case of the Assistant Teacher that she reported for the work after three months from the date of delivery of the child. The Management told her that her services were not required. The Management also obtained a forced resignation from her. She protested against the said resignation by addressing a letter to the Management. On 14th June, 1994, the Management agreed to allow the said Assistant Teacher to report for work.

(3.) The said Assistant Teacher accordingly reported for work on 14th June, 1994. On 27th March,1995, the Management terminated the services of the said Assistant Teacher w.e.f. 30th April, 1994. The said Assistant Teacher thereafter preferred an appeal before the School Tribunal. During the pendency of the said appeal, the Management allowed the said Assistant Teacher to resume the duties w.e.f. 16th June, 1995.