Bhandup: Tribunal directs school to reinstate teacher terminated for complaint against principal

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An educational tribunal has overturned the termination of a 48-year-old 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 reinstatement.

Presiding 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 harassment.

The teacher, who had worked as a pre-primary 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, 1981).

She 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 harassment.

The 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 school's 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 position.

In January 2024, the principal filed a defamation suit against the teacher, demanding an apology and compensation of ₹1 crore.

The teacher's 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 costs.

The 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 decade.

After 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 month's notice or salary in lieu of notice. Therefore, the tribunal ordered that the teacher be reinstated immediately.

Advocate 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 harassment."

Meanwhile, 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."