APEEJAY SCHOOL Vs. SURESH CHANDER KALRA

JUDGEMENT

(1.) By this Appeal the petitioner Apeejay School seeks to challenge the Order of the learned Single Judge dated 30.05.2008 whereby the Order dated 17.12.2007 of the Delhi School Tribunal was upheld. The Delhi School Tribunal vide its said order directed that the respondent was an employee of the appellant i.e. Apeejay School, Sheikh Sarai-I, New Delhi and he continues to be an employee of the appellant. The Tribunal hence rejected the contention of the appellant that the respondent had abandoned the job and directed that the appellant be allowed to join his service and he would be entitled to arrears of salary alongwith other consequential benefits.

(2.) It is the case of the appellant that the respondent herein was appointed by the Society as an Internal Auditor. It is stated that the respondent worked with the Society's School at Saket from October 1997 to 16.06.1998 and thereafter was deputed to the Society's School at Sheikh Sarai, New Delhi w.e.f. 08.06.1998 and worked there till 21.09.2004. It is stated that he was thereafter asked to resume his duty w.e.f. 22.09.2004 at Head Office of the Society. It is further stated that the respondent absented himself from duty w.e.f.11.10.2004 without any prior intimation or permission and thus abandoned his job voluntarily.

(3.) The respondent has denied the said contentions and allegations made by the Appellant. It is the contention of the respondent that he was an employee of the School and that the Management illegally instructed him that he will be retained in the Society itself and he was asked to start signing the attendance register of the Society w.e.f. 1.10.2004. He further claims that on 11.10.2004 when the respondent joined his duty in the School at Sheikh Sarai, the Principal and other officials of the Society orally informed him that his services are terminated forthwith.