The mandatory nature of statutory provisions, such as Section 7 and Rule 40, must be upheld, and the burden of demonstrating the voluntary nature of a resignation lies with the management.

JUDGMENT :

Rohit B. Deo, J.

1. Petitioner 1 is a society registered under the provisions of the Societies Registration Act, 1860 and manages petitioner 2-school (petitioners shall be collectively referred to as the ‘management’).

2. Respondent 1-Mrs. Krupala Punwatkar (she shall be referred to as the ‘teacher’) was appointed as Assistant Teacher on probation on 7-11-2007. Her services were approved by the Special District Social Welfare Officer, Chandrapur.

3. The management contends that in terms of the conditions of the appointment, the teacher was obligated to reside at the Headquarter, which she failed to do despite several cautionary memos issued. Her response was that due the ill-health of her husband, she was not residing at the Headquarter. The management contends that the teacher put forth another reason not to reside at the Headquarter, to-wit her safety. The explanations were not found convincing and she was issued show cause notice dated 21-8-2010 asking her to show cause why departmental enquiry should not be initiated. The teacher was not inclined to face the enquiry and voluntarily tendered resignation on 13-10-2010 and forwarded copy thereof to the Headmaster and the Special District Social Welfare Officer, Chandrapur, is the case of the management. It is further contended that the resignation dated 13-10-2010 was accepted by the management in the meeting held on 21-10-2010 and the society and the Headmaster informed the teacher by letters dated 21-10-2010 and 26-10-2010 of the acceptance of the resignation.

4. According to the management, the teacher issued communication dated 25-10-2010 that she is withdrawing her resignation dated 13-10-2010. However, since the resignation was already accepted, the management did not consider the letter of withdrawal of resignation. The teacher preferred Appeal (STC) 3/2012 before the School Tribunal (Tribunal) alleging that her services were terminated orally with effect from 2-8-2010. In the appeal, the teacher preferred an application to amend the memo of appeal incorporating the plea that her resignation was forcibly obtained on 13-10-2010. The management resisted the appeal on the premise that resignation was tendered voluntarily and that the services of the teacher were not terminated, orally or otherwise.

5. The Tribunal allowed the appeal vide judgment dated 31-1-2015 and directed the management to reinstate the teacher. The judgment of the Tribunal dated 31-1-2015 was assailed in Writ Petition 2092/2015 which was partly allowed and the matter was remitted to the Tribunal for fresh decision. On remand, the Tribunal again allowed the appeal on the ground that the provisions of Section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (Act) and Rule 40 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (Rules) were not complied with and that the acceptance of resignation was not communicated to the teacher prior to her letter of withdrawal of resignation.

6. Dissatisfied with the judgment of the Tribunal, the management is invoking writ and supervisory jurisdiction.

7. The learned Counsel for the management Mr. F.T. Mirza would argue that the provisions of section 7 of the Act and Rule 40 of the Rules are directly and have been substantially complied with. It is emphasized that the copy of the resignation letter was forwarded by the teacher to the Headmaster and the Special District Social Welfare Officer, Chandrapur and that there was no question of the teacher withdrawing the resignation which was already accepted. Mr. F.T. Mirza would submit that the Tribunal erred in not appreciating that the resignation was tendered voluntarily. Mr. F.T. Mirza would argue that the fact that the teacher initially alleged oral termination with effect from 2-8-2010 and then questioned the acceptance of the resignation letter is an important circumstance to show that the teacher had tendered her resignati