SARDAR PATEL VIDYALAYA Vs. G.P. SRIVASTAVA

JUDGEMENT

(1.) The respondent was a caretaker appointed by the petitioner school. Because of the misdeeds of respondent, he was suspended from service on 10th May, 2006 in accordance with the rules under Delhi School Education Act, 1973 (hereinafter referred to as the Act). An inquiry was conducted as per rules and after completion of the inquiry and charges of delegation of duty being proved, the respondent was terminated from service under the Act and rules on 9th June, 2008.

(2.) The respondent filed an application before the Labour Court claiming to be a workman and praying for reinstatement with full back wages and continuity of service. The petitioner raised a preliminary objection against the jurisdiction of the Labour Court to hear the matter on the ground that the remedy available to the respondent was to approach Delhi School Tribunal under Delhi School Education Act. The Labour Court vide impugned order dismissed this objection observing that whether claimant was a workman or not, would be decided by it, after giving both the parties an opportunity to lead evidence. It was not appropriate to assume at initial stage that claimant was a workman and management was an industry and, therefore, the Labour Court would have jurisdiction.

(3.) It is settled law that if there is a special law governing matter, the general law would have no application and the special law only will apply. A special law excludes the application of the general law. The Act was framed with an objective of regulating the relationship between the management, teachers and staff of recognized schools in Delhi and the Act provided specific machinery for raising of disputes and settlement of disputes. Section 8 of the Act specifically provided that if any employee of a recognized private school is dismissed, removed or reduced in rank, he may, within three months from the date of communication of the order to him of such dismissal, removal or reduction in rank, appeal against such order to the Tribunal constituted under Section 11 of the Act. Section 8 sub-Section 4 of the Act provides a procedure for suspension of employees and provides that if the management intends to suspend an employee, the same shall be communicated to the Director and no suspension shall be made except with prior approval of the Director unless the case is covered by proviso. Sub-Section 5 of the Act provides for approval to be given by Director for such suspension.