B J MEHTA Vs. JANARDAN TULJASHANKER MEHTA

JUDGEMENT

(1.) . Respondent No. 1 was employed by the petitioners in their school as a Drawing Teacher. He joined service on 21st Novemher 1955. On 28th January 1976 his service was terminated for want work which could be assigned to him. An application was made to the Secondary Education Tribunal by respondent No. 1. The Tribunal by its order dated 19th March 1976 confirmed the termination of respondent No. 1s employment but ordered the petitioners to pay to respondent No. 1 compensation amounting to his 21 months salary. That order was made under Regulation 33 framed by the State Government under sec. 54 read with sec. 53 of the Gujarat Secondary Education Act 1972 The petitioners challenge in this petition that order.

(2.) Mr. Vyas who appears on behalf of the petitioners has raised two contentions:- (1) Regulation 33 is ultra vires sec. 54 of the Act. (2) Respondent No. 1 was not a secondary teacher from 1955 to 1965 and therefore he was not entitled to compensation for that period under Regulation 33.

(3.) Before we proceed to examine these two contentions which Mr. Vyas has raised it is necessary to state that the computation of compensation made by the Tribunal under Regulation 33 is not disputed or challenged. Regulation 33 reads as follows:-