9911796707
|
Home
Issues:
1. Recognition status of the school. 2. Requirement of prior approval for termination of employee services. 3. Appealability of termination order to the Tribunal. Detailed Analysis: 1. Recognition Status of the School: The judgment focuses on whether the school in question was a recognized private school on the relevant date. The definition of a "recognized school" under Section 2(t) of the Act is discussed, emphasizing that recognition by the appropriate authority is essential. The court examines documents from the Directorate of Education, establishing that the school was not recognized until after the relevant date. The court clarifies that mere affiliation to a board does not equate to recognition, highlighting the distinction between affiliation and recognition. It concludes that the school was not a recognized private school on the relevant date, thus not subject to the provisions of the Act. 2. Requirement of Prior Approval for Termination: The judgment delves into Sub-section (2) of Section 8 of the Act, which mandates prior approval of the Director of Education for terminating the service of an employee of a recognized private school. It asserts that since the school in question was not recognized, the approval was not necessary for the termination of the employee's services. This analysis underscores the importance of recognition status in determining the need for prior approval for termination under the Act. 3. Appealability of Termination Order to the Tribunal: The court examines Sub-section (3) of Section 8 of the Act, which allows employees of recognized private schools to appeal major penalties like dismissal, removal, or reduction in rank to the Tribunal. It highlights that for this provision to apply, the employee must be from a recognized private school and face one of the specified major penalties. As the school was not recognized and the termination was not a major penalty but a simpliciter order, the appeal filed by the employee to the Tribunal was deemed incompetent and lacking jurisdiction. Consequently, the court allows the appeal and quashes the Tribunal's order, emphasizing the specific conditions required for appealability under the Act. In conclusion, the judgment meticulously dissects the issues surrounding the recognition status of the school, the necessity of prior approval for termination, and the appealability of termination orders to the Tribunal, providing a comprehensive legal analysis based on the relevant provisions of the Act.
|
