Section 11 in The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
11. Powers of Tribunal give appropriate reliefs and directions.
(1)On receipt of an appeal, where the Tribunal, after giving reasonable opportunity to both parties of being heard, is satisfied that the appeal does not pertain to any of the matters specified in section 9 or is not maintainable by it, or there is no sufficient ground for interfering with the order of the Management it may dismiss the appeal.(2)Where the Tribunal after, giving reasonable opportunity to both parties of being heard, decides in any appeal that the order of dismissal, removal, otherwise termination of service or reduction in rank was in contravention of any law (including any rules made under this Act), contract or conditions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the Management, partially or wholly, and direct the Management,-(a)to reinstate the employee on the same post or on a lower post as it may specify;(b)to restore the employee to the rank which he held before reduction or to any lower rank as it may specify;(c)to give arrears of emoluments to the employee for such period as it may specify;(d)to award such lesser punishment as it may specify in lieu of dismissal, removal, otherwise termination of service or reduction in rank, as the case may be;(e)where it is decided not to reinstate the employee or in any other appropriate case, [to give to the employee twelve months' salary (pay and allowances, if any) if he has been in the service of the school for ten years or more and six months salary (pay and allowances, if any) if he has been in service of the school for less than ten years] [This portion was substituted for the words 'to give such sum to the employee not exceeding his emoluments for six months' by Maharashtra 30 of 1987, Section 8.], by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify; or(f)to give such other relief to the employee and to observe such other condition as it may specify, having regard to the circumstances of the case.(3)It shall be lawful for the Tribunal to recommend to the State Government that any dues directed by it to be paid to the employee, or in case of an order to reinstate the employee any employments to be paid to the employee till he is reinstated, may be deducted from the grant due and payable or that may become due and payable in future, to the Management and be paid to the employee direct.(4)Any direction issued by the Tribunal under sub-section (2) shall be communicated to both parties in writing and shall be complied by the Management within the period specified in the direction, which shall not be less than thirty days from the date of its receipt by the Management.
