Supreme Court - Daily Orders
Jayant Vasantrao Hiwarkar vs Anoop Ganpatrao Bobde . on 18 November, 2016
Bench: S.A. Bobde, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11001 OF 2016
(Arising out of SLP(C) No. 26786/2015)
JAYANT VASANTRAO HIWARKAR ... APPELLANT(S)
VERSUS
ANOOP GANPATRAO BOBDE & ORS. ... RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order dated 25.08.2015 in Writ Petition No. 738 of 2009 passed by the High Court of Judicature at Bombay Nagpur Bench, Nagpur, wherein the order passed by the School Tribunal had been modified.
3. The School Tribunal by its order dated 03.09.2007 had observed that respondent No. Signature Not Verified Digitally signed by 1-herein, namely, Anoop Ganpatrao Bobde had CHARANJEET KAUR Date: 2016.12.09 16:10:37 IST worked for a year but in the circumstances, Reason:
found it appropriate not to grant relief of 2 reinstatement in exercise of powers conferred under Section 11 (2) (e) of the Maharashtra Employees of private Schools (Conditions of Service) Regulation Act, 1977 for short, “the Act”) which reads as under :
“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 services 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 then ten year], by way or compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereunder, as it may specify” Presumably, the Tribunal considered it appropriate to pass that order because on the date of the order the appellant had completed about eight years of service.
4. As of today, it is an undisputed position that the appellant has completed 17 years' of service.
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5. The High Court in a Writ Petition filed by the respondent No.1, however, held that because the School Tribunal held that the appointment of respondent No. 1 was on probation and the same was accepted by the school authorities it had no option but to direct the reinstatement of respondent No. 1. Therefore, the High Court modified the order of the School Tribunal and directed reinstatement of respondent No. 1.
6. Shri Manish Pitale, learned counsel appearing for the appellant-herein rightly pointed out the provisions of Section 11 (2) (e) of the Act as extracted above. We find that the afore-mentioned provision clearly confers a power upon the School Tribunal to mould the relief and grant a relief which is alternative to reinstatement, as the School Tribunal considers appropriate. The School Tribunal is not bound in all circumstances to direct 4 reinstatement.
7. In the circumstances of the case, we are satisfied that the High Court ought not to have interfered with the order of the School Tribunal, particularly since there are no observations which indicate that the order of the School Tribunal was otherwise untenable. The School Tribunal had merely moulded relief in exercise of its powers to do so under Section 11 (2) (e) of the Act.
8. In the circumstances, we set aside the judgment and order passed by the High Court; upheld the judgment and order passed by the Tribunal.
9. The civil appeal is allowed accordingly.
.................J. [ S.A. BOBDE ] .................J. [ ASHOK BHUSHAN ] NEW DELHI;
NOVEMBER 18, 2016.
ITEM NO.46 COURT NO.9 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 26786/2015
(Arising out of impugned final judgment and order dated 25/08/2015 in WP No. 738/2009 passed by the High Court Of Bombay At Nagpur) JAYANT VASANTRAO HIWARKAR Petitioner(s) VERSUS ANOOP GANPATRAO BOBDE & ORS. Respondent(s) (With interim relief and office report) Date : 18/11/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Manish Pitale, Adv.
Mr. Wasi Haider, Adv.
Mr. Chander Shekhar Ashri,AOR For Respondent(s) Mr. Kishor Lambat, Adv.
Ms. Aditi Deshpande, Adv.
M/s. Lambat & Associates UPON hearing the counsel the Court made the following O R D E R Leave granted.
The civil appeal is allowed in terms of the signed order.
[ Charanjeet Kaur ] [ Indu Pokhriyal ]
A.R.-cum-P.S. Court Master
[ Signed order is placed on the file ]