SAMARTH SHIKSHA SAMITI Vs. BIR BAHADUR SINGH RATHOUR

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant No. 1, Samarth Shiksha Samiti, is a Society registered under the Societies Registration Act, 1860 and was established with the object of catering to the educational needs of society. In fulfillment of its object, the Appellant-Society established and began running several recognized schools all over Delhi in the name of Bal Mandirs. One such school is Mahashya Chunni Lal Saraswati Bal Mandir situated at Hari Nagar, Delhi, the Appellant No. 2 herein.

(3.) On 9th May, 1992, the Society (hereinafter referred to as 'the Samiti ) appointed the Respondent No. 1, Shri Bir Bahadur Singh Rathour, as a Lower Division Clerk and posted him in the Appellant No. 2 School. From the appointment letter issued to the Respondent No. 2 by way of an Office Memorandum dated 9th May, 1992, it will be apparent that he was appointed by the Samiti and was an employee of the Samiti. Condition No. 4 of the terms and conditions of his appointment also indicates that during his service period, the respondent could be transferred to the Samiti or to any of the Bal Mandirs managed by the Samiti. Condition No. 6 provides that during his period of service, the Respondent No. 1 would have to abide by the discipline of the Samiti. Condition No. 8 enjoins the Respondent No. 1, while reposing trust in the aims and objects of the Samiti, to participate in all activities organized by the Samiti with devotion. Condition No. 11 prescribes that the Respondent No. 1 would have to obey all the rules as mentioned in Chapter-9 of the Delhi School Education Rules, 1973. However, what is of consequence is Condition No. 15 which provides as follows: