SAIN SINGH Vs. HARCOURT BUTLER SENIOR SECONDARY SCHOOL

JUDGEMENT

(1.) By this writ petition, the petitioners have challenged the notices dated 9/10/1998 issued by the respondent school to the petitioners under Section 25 F of the Industrial Disputes Act informing the petitioners that in view of the order of Supreme Court in pollution matters Government had issued notification banning plying of more than 20 yeas old buses w.e.f. 1st October, 1998. Since the buses used by the school were more than 20 yeas old, the school was keeping these buses off the road and school did not intend to ply buses anymore. In these circumstances, the services of petitioners would stand terminated w.e.f. 10th November, 1998. Each petitioner was sent a cheque of the amount of retrenchment compensation in terms of clause 25 F of Industrial Disputes Act. Since the petitioners were in occupation of the residential accommodation provided by the school, they were told to vacate the residential quarters and were also told that in case they continued to keep these quarters after 10th November, 1998, they will be charged mesne profits and damages at the rate of Rs.5,000.00 p.m.

(2.) At the admission stage, the petitioners alleged that they were governed by Delhi School Education Act being employees of educational institution and provisions of Industrial Disputes Act would not apply. This Court admitted the petition observing that it would have to be adjudicated whether the provisions of Industrial Disputes Act were applicable to the petitioners or they would be governed by Delhi School Education Act.

(3.) During the pendency of the writ petition, an affidavit was filed by the Directorate of Education stating that the petitioners appointment were neither sanctioned nor approved by Delhi Administration/Directorate of Education and salary of petitioners were being paid from a separate fund called School Bus and Management Fund. Their services were not governed by Delhi School Education Act. Rules as made thereunder were not applicable and no prior approval of Directorate of Education was required for dismissing the petitioners. However, the petition was adjourned for arguments.