GREENFIELD PUBLIC SCHOOL Vs. MAHENDER SINGH

JUDGEMENT

(1.) The petitioner has impugned the award dated 4th September, 2004 passed by the Labour Court whereunder it was held that the termination of the respondent workman was done without compliance of Section 25F of the Industrial Disputes Act., 1947 (for short `the Act') and the termination order was thus inoperative. Accordingly, the award was passed in favour of the respondent workman entitling him to reinstatement with continuity of service and full backwages.

(2.) The aforesaid award has been challenged on two counts. The first ground taken on behalf of the petitioner is that the Labour Court lacks the jurisdiction to entertain the industrial dispute as the respondent workman ought to have approached the appropriate authority under the Delhi School Education Act, 1973, which according to the petitioner is a complete machinery that provides for an opportunity of appeal to an aggrieved employee. The other ground taken on behalf of the petitioner is that the award having been passed against the school is not sustainable, as the school is not a legal entity and that it is the society which is the legal entity and the management of the school is governed by the society.

(3.) A perusal of the written statement filed in reply to the statement of claim of the respondent workman shows that neither of the two pleas were taken by the petitioner before the Labour Court. In fact, the plea with regard to lack of jurisdiction under the Act was not taken by the petitioner during the time of conciliation proceedings, or at the time when a reference was made by the appropriate Government. Such an objection was not raised even at the time of addressing arguments before the Labour Court.