HANUMAN MANDIR MIDDLE SCHOOL Vs. SAROJ ANAND

JUDGEMENT

(1.) . The first petitioner is a middle school. The second petitioner is the Manager of the first petitioner school. The third petitioner is the Chairman of the first petitioner. The fourth petitioner is the Headmistress of the first petitioner, school. The fifth petitioner is the President of Shri Hanuman Mandir Committee.

(2.) . The first respondent claims herself to be a teacher working under the petitioners in the first petitioner Shri Hanuman Mandir Middle School. On the ground that she was an employee of the first petitioner school, she filed an appeal before the Delhi School Tribunal. By order dated the 30th of April, 1996, the Delhi School Tribunal allowed the appeal filed by the first respondent and directed the reinstatement of the first respondent with all consequential benefits.

(3.) . The case of the petitioners is that the fifth petitioner, Shri Hanuman Mandir Committee was running two schools -- Shri Hanuman Mandir Middle School which is a recognised one, and the Hanuman Mandir Public School which is not a registered one. The first respondent was appointed in Hanuman Mandir Public School in 1987 by the President of the fifth petitioner who was known to the first respondent. The first respondent was not appointed as a teacher in Shri Hanuman Mandir Middle School. Therefore, according to the petitioners, there was non-employment of the first respondent by the petitioners and, therefore, she cannot claim any relief against Shri Hanuman Mandir Middle School. According to the petitioners, the Delhi School Tribunal, without appreciating the defence of the petitioners, on the assumption that the first respondent was employed in Shri Hanuman Mandir Middle School had allowed the appeal.