AKHILA BHARATHA BILLAVARA UNION KUDROLI Vs. SHAKUNTHALA

JUDGEMENT

(1.) WRIT petition by an employer who is complaining that a certain judgment and award which the petitioner suffered before the Educational Appellate Tribunal, in exercise of Section 8 of the karnataka Private Educational Institutions [discipline and Control] Act, 1975 by its Judgment dated 17-2-2000 [copy at Annexure-D], while being executed, the Executing Court, in terms of the order dated 20-10-2005, a copy of which is produced at Annexure-A to the writ petition, has gone beyond what was provided under the judgment and award passed by the Tribunal itself and therefore this writ petition seeking for interference and to restrain the Executing Court.

(2.) THE respondent who had been terminated from service came to be reinstated in terms of the judgment and award in the following terms:

(3.) THE Executing Court while giving effect to this judgment and award has directed the petitioner to pay the salary of the respondent on par with the salary drawn by a colleague who was in service on the date the respondent's services were terminated and also having fixed certain emoluments for the period after 5-3-2003 upto 13-11 2005 at the rate of 50% of the salary payable for this period, are the two aspects which are sought to be projected as an action by the executing Court which travels beyond the judgment and award, and on such premise the present writ petition.