KUPARPAL M APPA Vs. DODIA PANKAJKUMAR S
HIGH COURT OF GUJARAT
DODIA PANKAJKUMAR S.
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(1.) This is a petition by the Managing Trustee and the Principal looking after one Secondary School known as Balkrishna High School in the city of Ahmedabad challenging the order of the Tribunal constituted under the Gujarat Secondary Education Act 1972 directing the management to compensate the respondent No. 1 under Regulation 33 of the Secondary Education Regulations 1974 for part termination of his employment as a fulltime teacher the part-termination being the appointment as a parttime teacher on his service being terminated as a full time teacher.
(2.) The petitioner admittedly was a full time teacher since the year 1967 When he had joined the High School in question as a High School teacher in the secondary section he worked as a full time teacher till he was reduced as a part-time teacher with effect from July 1975 The teacher concerned is Mr. Dodia and will be hereinafter referred to by his name. He had made an application to the Tribunal which came to be registered as the application no. 210/75. He prayed for compensation alleging that his service as a full time teacher had come to be terminated in terms of Regulation 33 of the Secondary Education Regulations 1974 which reads as follows :
"33 Termination of employment-(1) Where service of a permanent employee is terminated by the management in accordance with the provisions of sec. 36 such employee shall be entitled to compensation (a) equal to 6 months salary including allowance if the employee has put in service in the school for a period not exceeding five years and; (b) equal to 6 months salary including allowances for the first five years and a months salary for every year of the period exceeding five years if the employee has put in service in the school for a period exceeding five years (2) The service of a temporary employee may be terminated by the management at any time without assigning any reason after giving one calendar months (Pay and Allowances if any) in lieu of such notice: Provided that no notice shall be given during vacation or so as to cover any part of the vacation or within the first fortnight after the vacation.
(3.) The petitioners on the other hand contended that Mr. Dodia having been continued in employment albeit as a part-time teacher there was no question of termination and so the compensation was not admissible. The only point of law that arises in this petition is whether the putting an end to the service or Mr. Dodia as a full time teacher and appointing him as a part time teacher which are implicit in his new order of appointment which was called by Mr. Dodia as the order of reduction in rank is legal or not Whatever designation we may attach to this order on its analysis it turns to be an order putting an end to his full time employment and appointing him as a part time teacher. Whether the word termination has been employed or not is immaterial. The effect of the order for all practical purposes is the termination of thai particular bond of relationship between the Management on the one hand and Mr. Dodia on the other substituted by a new bond with new corresponding rights and liabilities.;
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