INSTITUTE OF HOTEL MANAGEMENT CATERING TECHNOLOGY AND APPLIED NUTRITION KARNATAKA SOCIETY BANGALORE Vs. HEMALATHA V REDDY

JUDGEMENT

(1.) THE institute of Hotel Management, Catering Technology and applied Nutrition (Karnataka) Society and its authorities have preferred this writ petition under Articles 226 and 227 of the constitution of India questioning the correctness of the order of the central Administrative Tribunal, Bangalore Bench, Bangalore (for short, 'the Tribunal') dated 19th October, 2001 passed in T. A. No. 104 of 2000 allowing the application filed by the respondent herein and quashing the impugned order dated 6-9-1989 and directing payment of salary to the respondent from 6-9-1989 till the date on which the applicant attained the age of superannuation.

(2.) THE 1st petitioner is a society registered under the Karnataka societies Registration Act, 1960 and came into existence with effect from 25-1-1984. Earlier, the 1st petitioner-society was known as Food Craft institute (Mysore) Society. The name of the society was subsequently changed as Institute of Hotel Management, Catering Technology and applied Nutrition (Karnataka) Society (for short, 'the Institute' ). Initially, the Institute was conducting classes only for Cookery, Bakery and Reception etc. After the upgradation of Food Craft Institute into hotel Management Institute, greater emphasis was laid on manpower requirement both at lower level and at the managerial level. During that time, the canning was also taken as an ancillary trade. Petitioners-Institute is only a teaching Institute and examinations are conducted by the National Council for Hotel Management ('nchm', for short ). The NCHM is also a registered autonomous society set up by the government of India. Both the 1st petitioner-Society and NCHM have been separately registered as Society under different State laws.

(3.) THE Government of India, Ministry of Tourism entered into collaboration with International Labour Organisation (ILO) and the ILO experts were invited to broaden and update the knowledge of teaching staff of the Institutes in the country. The ILO experts have effected sweeping changes in the syllabi, practical training and examination methods. The changes in syllabi etc. , are required to be introduced by the Institute following the norms laid down by the NCHM. As a result of this upgradation, only three Craft courses in Food Production, accommodation operation and F and B services were to be retained. In the circumstance, it was decided to abolish the course of Canning and food preservation.