Supreme Court Rules on Back Wages for Teachers in Disputed Termination Case

The case of Asha Education Society and Another versus Nandkishore Shrikrishna Wankhedkar and Others revolved around the termination of teachers who had been appointed on a year-to-year basis. The issue before the Supreme Court was whether these teachers were entitled to back wages following their termination when the course they were teaching was discontinued.

Background of the Case

The appellants, Asha Education Society and another, were managing a private educational institution. Teachers were appointed for courses that were started on an experimental basis. However, the courses were discontinued due to lack of recognition from the competent authority, leading to the termination of teachers.

The affected teachers challenged their termination before the Tribunal, which ruled in their favor and ordered their reinstatement with back wages. The High Court affirmed this decision. The management then approached the Supreme Court, arguing that the appointments were temporary and that the teachers were not entitled to back wages.

Legal Issues Before the Court

• Whether the termination of teachers was in violation of Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
• Whether teachers appointed on a temporary basis were entitled to back wages following termination.

Arguments by the Parties

Petitioner’s Arguments

The management of the institution contended that:

• The teachers were appointed on an annual basis as the course lacked permanent recognition.
• Once the course was discontinued, there was no position available for the teachers.
• The High Court erred in ordering reinstatement with back wages.

Respondent’s Arguments

The teachers argued:

• Their termination was illegal as it violated the provisions of the Maharashtra Employees of Private Schools Act.
• They were entitled to back wages as their termination was not justified.

Supreme Court’s Judgment

The Supreme Court, comprising Justices Kurian Joseph and R. Banumathi, held that the termination was not unlawful as the appointments were made on a temporary basis due to the nature of the courses.

“It is seen from the facts that it was not a case of appointment against 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.”

However, the Court ruled that since the teachers were terminated before the completion of the academic year, they were entitled to wages for the remainder of the year.

“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.”

Final Order

The Supreme Court modified the High Court’s ruling and directed the institution to pay back wages only for the remainder of the academic year in which the teachers were terminated. The appeals were accordingly disposed of.

Conclusion

This judgment reinforces that temporary appointments in educational institutions do not automatically entitle teachers to reinstatement if the position itself ceases to exist. However, if teachers are terminated mid-year, they are entitled to back wages for the remainder of the academic year.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Asha Education Socie vs Nandkishore Shrikris Supreme Court of India Judgment Dated 09-08-2017.pdf