Tribunal orders school to reinstate teacher dismissed over principal complaint

An educational tribunal has overturned the termination of a 48yearold teacher instructing the school management to reinstate her to her former position on a contractual basis along with back pay from the date of her termination to the date of reinstatementPresiding Officer Pratibha P Ingale of the Educational Tribunal delivered the ruling on December 3 after hearing the case of a teacher from a Bhandup school who was dismissed following her complaint against the school principal for sexual harassmentThe teacher who had worked as a preprimary coordinator and 10X programme trainer at GS Shetty International School in Bhandup filed an application before the tribunal in April 2023 under Section 9 of the Maharashtra Employees of Private Schools Conditions of Service Regulation Act 1977 and the Rules of 1981 MEPS Act 1977 and MEPS Rules 1981She was hired by the school on June 20 2023 According to the teacher she confronted the principal Anil Shivdasani in October 2023 regarding inappropriate comments and unwelcome advances Following this the principal allegedly retaliated with escalating harassmentThe teacher claimed that Shivdasani made sexually inappropriate comments unwelcome advances and remarks about her appearance On October 17 2023 she reported the matter to the schools HR department but no action was taken Subsequently she filed a sexual harassment complaint with the Bhandup Police on October 21 2023 The principal denied the allegations during his statement to the police on November 4 2023 but on the same day the teacher was dismissed from her positionIn January 2024 the principal filed a defamation suit against the teacher demanding an apology and compensation of 1 croreThe teacherrsquos application to the tribunal argued that her termination was unjust and retaliatory She demanded reinstatement with full benefits from November 4 2023 along with compensation for the mental and physical distress she endured as well as 2 lakh in litigation costsThe school management in its response claimed that the teacher was dismissed due to her poor performance including irregular work timings disruptive conduct and failure to perform her duties The school also defended the principal stating that he had been a respected member of the staff for over a decadeAfter hearing both sides the tribunal ruled that the termination was invalid It found that the teacher had been hired through a proper process and as per the MEPS Act the school had failed to follow the prescribed procedure for her termination including the failure to provide one months notice or salary in lieu of notice Therefore the tribunal ordered that the teacher be reinstated immediatelyAdvocate Rashi Sheth who represented the teacher remarked It takes immense courage and determination to stand up against sexual harassment My client fought bravely for justice It is shocking that the school management continues to retain the principal while illegally dismissing the victim of harassmentMeanwhile advocate Yash Arora representing the principal and the school management said Kindly take note that the school has not accepted the order We are soon challenging the same before high court We also make it very clear that the school tribunal has not considered the misconduct of the Ld Appellant teacher of her not attending training lying on her CV and entering the school without pre requite qualification of B Ed leaving the school on irregular time misbehaving with other staff members etc Proof of all these things are given to the school tribunal She is a contractual employee and is taking the shield of MEPS Act and managed to get a favourable order