LALITA BHATIA Vs. G M NORTHERN RAILWAYS

JUDGEMENT

(1.) THE nine petitioners seek mandamus for re-opening of Shishu Shiksha Prathmik Vidhyalaya being run by the respondent no.2 Northern Railways Women Welfare Organization, stated to be under the control of the respondent no.1. THE petitioners claim that they were employed with the said Vidhyalaya and the Vidhyalaya was closed down all of a sudden on 1st April, 2008 without notice and affecting not only the petitioners but the children at large of the area. THE petitioners claim to have been in employment of the Vidhyalaya as teachers for the last 32 to 35 years and claim that with its closure they have been rendered workless.

(2.) NOTICE of the petition was issued. Counter affidavit has been filed by the respondent no.2 pleading has been stated that the respondent no.2 is a Society for the welfare of children of the Railways' employees; that the members of the Society are the wives and daughters of senior officers of Northern Railways; that the said Society is not an adjunct body of Northern Railways; that the petitioners were appointed on contractual basis for one academic session only and under the terms of their appointment were not entitled to any regular employment and their services could be dispensed with one month's notice. It is further pleaded that the funds of the respondent no.2 come from holding charity events and there is no permanent income of the respondent no.2 Society. On enquiry, the counsel for the respondent no.2 states that no funds are received from the Railways.

(3.) THE respondent no.2 along with counter affidavit filed its Certificate of Incorporation and Rules & Regulations as well as terms of appointment of the petitioners and the notice issued of closure.