APEEJAY SCHOOL Vs. GOPI CHAND

JUDGEMENT

(1.) Allowed, subject to all just exceptions. WP(C) NO. 2133/2000: 1. Rule. With the consent of the learned Counsel for the parties the matter is taken up for final hearing.

(2.) The petitioner is a school covered by the provisions of the Delhi School Education Act, 1973 (hereinafter referred to as the Education Act). The respondent No. 1 sought a reference to the Labour Court on the basis of a complaint arising from the termination of his services. On 23.6.1992 a reference in the following terms was made by the Secretary (Labour).

(3.) It is not in dispute that this writ petition raises the question as to whether the making of a reference for adjudication is barred by the provisions of the Education Act. The learned Senior Counsel for the petitioner Shri H.L. Tikku has cited a judgment of this Court in Amar Nath v. Director of Education, Govt. of NCT of Delhi & Ors., 2003(71) DRJ 673 wherein in paragraphs 3 and 4, it was held as follows: