Bombay High Court: Teacher Reinstated After Dispute with Educational Trust

In a recent decision, the Bombay High Court decided in favor of Bhagat Mahesh Bhaga, a teacher fighting to get his job back in the college section. This decision shines a light on a long-standing disagreement between him and the Suman Educational Trust.

Background of the Case

Bhagat Mahesh Bhaga started working as a Workshop Welder Instructor at the Suman Educational Trust's institute in 2014. However, he was fired in 2018 because they said his work wasn't good enough. In March 2019, the College Tribunal initially ordered that he be given his job back with back pay, but there were problems following through with this.

Tribunal's Orders and Contempt Applications

Mahesh Bhaga filed multiple complaints when the Trust didn't follow the order to give him his job back. Although the Trust said they had given him his job back, Mahesh argued that he wasn't allowed to actually do his job. The Tribunal kept telling the Trust to follow the order and even fined them for not doing so.

"The Tribunal directed payment of 50% of his salary for the period of 13.07.2019 to 06.04.2022 along with costs."

Trust's Argument

The Trust, represented by Mr. Rawool, claimed that Mahesh was given a job back in the Polytechnic Section, according to how they understood the Tribunal's order. They said Mahesh refused to do the work he was given, which led to more issues.

Court's Final Judgment

Judge Milind N. Jadhav rejected the Trust's attempt to challenge the Tribunal's order, insisting that Mahesh should be reinstated in the Degree College. The court pointed out that the Trust's claims about Mahesh working in the Polytechnic Section were not true and hadn't been mentioned in earlier appeals.

"The belated plea that Respondent No.1 was a Polytechnic employee is a clear afterthought."

Consequences and Compliance

The court ordered the Trust to pay back wages and fines totaling Rs. 6,95,750 and instructed them to reinstate Mahesh in the Degree College section. The Trust's request to delay the judgment was denied, stressing the need for immediate action.

Summary of the Verdict

The court decided that Bhagat Mahesh Bhaga should be given his job back in the Degree College section and that the Suman Educational Trust must pay him the money they owe him for the time he was not working. The Trust's argument that he was already given a job in another section was not accepted.