Asha Education Society vs Nandkishore Shrikrishna Wankhedkar

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 6485-6486 OF 2008

ASHA EDUCATION SOCIETY AND ANR. Appellant(s)

VERSUS

NANDKISHORE SHRIKRISHNA WANKHEDKAR AND ANR. Respondent(s)

WITH

CIVIL APPEAL NOS. 6488-6489 OF 2008

CIVIL APPEAL NOS. 6490-6491 OF 2008

J U D G M E N T

KURIAN, J.

1. The appellant-Management approached this Court

with certain grievances regarding the direction

issued by the Tribunal, as affirmed by the High

Court, for reinstatement with back wages of the

teachers under the Management.

2. According to the appellants, the appointment was

on an year-to-year basis since there was no

recognition of the course from the competent

authority.

Signature Not Verified

3. The learned counsel for the respondent-teachers Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.11 16:44:00 IST Reason: submits that the termination is against Section 5(2)

of the Maharashtra Employees of Private Schools

(Conditions of Service) Regulation Act, 1977. 2

4. It is seen from the facts that it was not a case

of appointment against the permanent vacancies. Even

according to the State, the vacancies arose only on a

year to year basis and in the case of the appellants'

institution and few other schools, it was started on

an experimental basis. As they were not able to

continue the course on permanent basis, the course

was de-recognized on 22.03.2000. Therefore, after

that year, no recognition was given and consequently,

there was no appointment, since there was no course.

5. Be that as it may, we are informed that after a

break of six years, the teachers have been

accommodated in some other schools and what survives

is only the question, at best, of back wages for the

said period.

6. This claim for back wages has to be appreciated

in the background of the appointment order. The

appointments were made on year to year basis since

the recognition was on year to year basis and the

course was discontinued also. Therefore, the maximum

the teachers can pray for, in the facts and

circumstances of the case, is back wages for the year

before the completion of which they were terminated. 3

7. These appeals are, hence, disposed of with a

direction to the appellants to pay the salary and

other benefits as should have been available to the

teachers for the remaining period of the academic

year in which they were terminated.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

August 09, 2017.

4

ITEM NO.104 COURT NO.6 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 6485-6486/2008

ASHA EDUCATION SOCIETY AND ANR. Appellant(s)

VERSUS

NANDKISHORE SHRIKRISHNA WANKHEDKAR AND ANR. Respondent(s)

WITH

C.A. No. 6488-6489/2008 (IX) C.A. No. 6490-6491/2008 (IX)

Date : 09-08-2017 These appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Appellant(s) Mr. Shivaji M. Jadhav, AOR Ms. Qurratulain, Adv.

Ms. Astha Deep, Adv.

For Respondent(s) Mr. Satyajit A. Desai, Adv.

Ms. Anagha S. Desai, AOR Mr. Varun Mathur, Adv.

Mr. Kunal Cheema, Adv.

Mr. Yogesh K. Ahirrao, Adv.

Mr. Nishant R. Katneshwarkar, Adv.

Ms. Asha Gopalan Nair, AOR

UPON hearing the counsel the Court made the following O R D E R

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (SUMAN JAIN) COURT MASTER COURT MASTER

(Signed non-reportable Judgment is placed on the file)