RAJ KUMAR Vs. DIRECTOR OF EDUCATION & ORS.

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment and order dated 28.07.2008 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.5349 of 2008, whereby the High Court dismissed the said Writ Petition filed by the appellant in limine and upheld the termination order dated 22.08.2008 passed against the appellant by the Delhi School Tribunal (hereinafter referred to as "the Tribunal") on the ground that the appellant, who was a driver, had been retrenched from his services by the respondent-Managing Committee, DAV Public School by following the procedure laid down under Sections 25F (a) and (b) of Chapter V-A of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act").

(2.) The brief facts of the case required to appreciate the rival legal contentions advanced on behalf of the parties are stated as hereunder: The appellant was employed as a driver by the DAV Public School, Pocket 'C', LIG Flats, East of Loni Road, Delhi and became permanent on the said post in the year 1994. His terms of service are covered under Sections 2(h), 8(2), 10 and other provisions of the Delhi School Education Act, 1973 (hereinafter referred to as the "DSE Act").

(3.) On 01.05.2001, the DAV College Managing Committee in its 72nd meeting of Public Schools Governing Body, passed a resolution to buy new school buses with CNG facility in compliance with the directions of this Court dated 26.03.2001 passed in the case of M.C. Mehta v. Union of India and allowed the management of the DAV Schools to raise loan from nationalized banks for the said purpose.