S. VENKATESHWAR RAO AND OTHERS Vs. GURUNANAK DEV POLYTECHNIC COLLEGE, SRI. NANAK JHIRA SAHEB FOUNDATION AND THE DIRECTOR BOARD OF TECHNICAL EDUCATION

JUDGEMENT

(1.) THOUGH the matters have come up for orders, with the consent of counsel appearing for the parties, the matters are taken up for disposal. One order passed by the learned single Judge of this court in writ petition Nos. 80547 -561/2010 - petitions at the instance of persons who are erstwhile employees in the Educational Institution, namely, The Gurunanak Dev Polytechnic College, Bidar, figuring as first respondent in these writ petitions, managed by the second respondent -Sri Nanak Jhira Saheb Foundation, has given rise to two sets of writ appeals, one at the instance of the writ petitioners in writ appeal Nos. 50589 -601/2012 and another set of writ appeals in writ appeal Nos. 50539 -50543 and 50545 -50555/2012 by the Institution and its Management, questioning the very order of remand passed by the learned single Judge in the writ petitions at the instance of erstwhile employees, remanding the matter to the Educational Appellate Tribunal [for short 'the Tribunal'] after setting aside the order of dismissal dated 21.12.2009 passed by Educational Appellate Tribunal in EAT No. 1/02 in the appeal that had been preferred by the writ petitioners questioning their so called termination of service as per notice served on them by the Management apprising that their services are dispensed with as per intimation dated 6.2.2002.

(2.) WRIT petitioners had questioned this communication saying that it is an order of dismissal or removal, it amounts to one such though not depicted in that language and therefore they are entitled to prefer an appeal before the Tribunal under section 94 of the Karnataka Education Act, 1983 [for short 'the Act'].

(3.) THE Management had dispensed with the services of the employees on the closure of the Institution as it found that the students' strength in the classes had come down drastically and it had dropped to less than the number of teachers and therefore the Management could not run the Institution. It is in this background, the services of the staff, in all numbering '67' had been dispensed with and amongst them, 63 persons had approached the Tribunal questioning dispensation of their services by the Management.