SHOSHIT MAJDOOR SANGHTHAN (REGD.) Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, 12 petitioners who are members of the petitioner no.1/Union, seek the relief of being granted the pay scales as per the 6th Pay Commission Report which became applicable to schools in Delhi w.e.f 1.1.2006. Petitioners claim to be the employees of the respondent no.2/Darshan Academy Public School.

(2.) In support of the contention that petitioners are employees of the respondent no.2/school, no documents showing any employment of the petitioners by the respondent no.2/school have been filed. The only reason given for the petitioners to claim employment with the respondent no.2/school is that they have provident fund code numbers and provident fund is deducted from their salaries.

(3.) Respondent no.2/school has filed its counter affidavit denying that petitioners are their employees and has pleaded that petitioners are employees of an independent contractor, and therefore, since petitioners are not employees of the respondent no.2/school, hence they are not entitled to payment of salaries as payable to the employees and teachers of the respondent no.2/school.