1

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.

3. The learned counsel for the respondent-teachers 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)