Termination Of Employees By Schools

Hon'ble Supreme Court of India in its recent judgment passed in the matter of Raj Kumar vs. Director of Education & Others⁷, explicitly instructed the schools in Delhi regarding compliance to be followed before terminating services of their employees. While considering in detail the provisions of the Industrial Disputes Act, 1947 (IDA) and the Delhi School Education Act, 1973 (DSEA) relating to termination of services of employees by schools, the Hon'ble Supreme Court interpreted Section 8(2) of the DSEA which requires obtaining prior approval of the Director of Education (DoE) before passing any order of dismissal or termination of services of its employees by school. A perusal of the Statement of objects and reasons of the DSEA clearly shows that the intent of the legislature while enacting the same was to provide security of tenure to the employees of the school and to regulate the terms and conditions of their employment. The Hon'ble Apex Court in its judgment has,