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2009 Supreme(Bom) 191

J.H.BHATIA
Ku. Rehana Begum d/o Sk. Safdar – Appellant
Versus
Khwaja Baba Urdu Education Society – Respondent


Advocates Appeared:
Mr. APURV DE, Advocate for Petitioner.
Ms. MUGDHA ATRE. Advocate h/f Mr. ANAND P ARCHURE, Advocate for Respondent Nos.1 and 2.

JUDGMENT:-

Rule. Rule made returnable forthwith. With consent of learned counsel for the parties, the matter is taken up for final hearing immediately. Heard learned counsel for the parties. Perused the record.

2. Admitted facts are that prior to June-2003 present petitioner was working as Assistant Teacher for some time on temporary basis. However on 20.06.2003, she was appointed as Assistant Teacher on probation of two years by respondent-Management. According to the petitioner, on 29.12.2004, respondents issued an order terminating her services with immediate effect on the ground that her performance during the probation was not satisfactory. This order was challenged before the School Tribunal in Appeal No. 301 2006 by present petitioner on several grounds. One of the grounds was that the provisions of Section 5(3) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (For short 'the Act') were not followed as neither one month's notice was given to her nor the salary in lieu of this period was given to her along with termination order. On the other hand, it was contended by the Management that along with termination order a cheque of one month


























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