Bombay High Court
New Education Society Through Its ... vs Smt. Leela Laxmanrao Shembe on 30 January, 2018
Bench: Z.A. Haq
Judgment 1 wp3479.2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3479/2015
PETITIONERS : 1] New Education Society, through
its President Anandrao Marotrao
Ingole, Aged 69 years,
Occ. Agriculturist, R/o Old Town
Badnera, Tq. District, Amravati
2] The President, School Committee,
Shri Vishwasrao Baliram Ambatkar,
Aged 69 years, Occ. Agriculturist,
R/o Old Town Badnera, Tq.
District. Amravati
3] Headmistress Gandhi Primary &
K.G. School, through Smt. Nalini
Anil Bangale, Aged 55 years,
R/o Old Town Badnera,
Tq. District, Amravati
...V E R S U S...
RESPONDENT : Smt. Leela Laxmanrao Shembe,
Aged Major, Occu. Not known,
R/o Mullapura, Opposite
Hafiqbhai's House, Juni Basti,
Tq.- Badnera- 444701,
District- Amravati
(amended as per Registrar's order
dated 08/07/2016)
===================================
Dr. R.S. Sundaram, Advocate for the petitioners
Shri H.D. Marathe, Advocate for the respondent
::: Uploaded on - 03/03/2018 ::: Downloaded on - 21/05/2018 02:24:19 :::
Judgment 2 wp3479.2015.odt
CORAM:- Z.A. HAQ,J.
th
DATED :- 30 JANUARY, 2018
ORAL JUDGMENT :-
Heard.
Rule. Rule made returnable forthwith.
2] The petitioners-employer have challenged the order
passed by the Industrial Court by which the revision filed by them
under Section 44 of the Maharashtra Recognition of Trade Unions
and Prevention of Unfair Labour Practices Act, 1971 (hereinafter
referred as "the Act of 1971") is dismissed. The petitioners have
also challenged the order passed by the Labour Court by which the
complaint filed by the respondent-employee under Section 28 of
the Act of 1971 is allowed, the order of termination of services of
the respondent-employee is quashed and the employer is directed
to reinstate the employee with continuity of service and to pay full
backwages to the employee.
3] It is undisputed that the respondent-employee had been
working in the school administered by the petitioner no. 1-Society
::: Uploaded on - 03/03/2018 ::: Downloaded on - 21/05/2018 02:24:19 :::
Judgment 3 wp3479.2015.odt
and the school in question is a "School" as defined by Section 2
(24) of the Maharashtra Employees of Private Schools (Conditions
of Service) Regulation Act, 1977 (hereinafter referred as "the Act
of 1977"). The service conditions of the respondent-employee
were governed by the Act of 1977 and the Rules framed under it.
4] The learned advocate for the petitioners has submitted
that the complaint filed by the respondent-employee before the
Labour Court under the provisions of the act of 1971 was not
maintainable and the impugned orders passed by the Labour Court
and the Industrial Court are without jurisdiction. It is submitted
that the act of 1977 is a special statute which provides for remedy
to the employee working in private school, by way of an appeal
under Section 9 of the Act of 1977. To support the submission,
reliance is placed on the judgment given by this Court in the case
of Panchasheel High School & another vs. Shamrao S/o Ramji
Shende & another reported in Writ Petition No. 2442/1981 and the
judgment given by the Full Bench of this Court in the case of St.
Ulai High School and another vs. Devendraprasad Jagannath Singh
and another reported in 2007 (1) Mh.L.J. at page 597.
::: Uploaded on - 03/03/2018 ::: Downloaded on - 21/05/2018 02:24:19 :::
Judgment 4 wp3479.2015.odt
5] Considering the proposition laid down in the above
referred judgments, the submission made by the learned advocate
for the petitioners has to be accepted.
Hence, the following order is passed:-
O R D E R
1] The impugned orders are set aside.
2] The complaint filed by the respondent-
employee under Section 28 of the Maharashtra
Recognition of Trade Unions and Prevention of Unfair
Labour Practices Act, 1971 is dismissed.
The writ petition is allowed in the above terms. In the
circumstances, the parties to bear their own costs.
It is clarified that the merits of the matter are not
examined and it would be open for the respondent-employee to
avail appropriate remedy for redressal of her grievance, if so
advised.
JUDGE
Ansari
