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2000 Supreme(Bom) 680

D.Y.CHANDRACHUD
Bharat Education Societys Junior College of Commerce & Economics & others – Appellant
Versus
Balaraman Vembulu – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The respondent was employed as an Assistant Teacher in a Junior College which is conducted by the petitioners. The respondent had worked as an Assistant Teacher between April, 1989 and May, 1991. His services were terminated in May, 1991. On 15-7-1991, an appeal filed by the respondent came to be allowed by the School Tribunal which directed that the respondent be reinstated in service with continuity of service and full back wages. After the respondent was reinstated in compliance with the order passed by the School Tribunal, his status was altered from that of a full time employee to a teacher who would be engaged only on a clock-hour basis. The management of the petitioners had adopted the position that due to a reduction in the number of classes being conducted in the Junior College the respondent was placed as an employee on a clock-hour basis.

2. On 6-9-1991 and on 22-9-1991, the Deputy Director of Education directed the management to refrain from unilaterally closing down the classes in the Junior College and that permission ought to have been taken of the Deputy Director before closing down the classes. Despite the letters of the Deputy

























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