KRUPABEN B TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order of the learned Single Judge delivered orally on 28.7.2000, 4.8.2000, 7.8.2000 & 11.8.2000, whereby the termination of services of the petitioner as a sole member of the Gujarat Affiliated Colleges Services Tribunal by the State of Gujarat has been upheld.

(2.) To provide for constitution of a Tribunal for the purpose of determining disputes relating to conditions of service of the members of teaching, non-teaching, and other academic staff of affiliated colleges in the State of Gujarat, and for matters connected therewith, the State Legislature passed The Gujarat Affiliated Colleges Services Tribunal Act, 1982, being Gujarat Act No.9 of 1982 (hereinafter referred to as "the Act"). The Act came into force on 9/12/1981, in accordance with Section 1(3) thereof. Section 3 of the Act provides for constitution of the Gujarat Affiliated Colleges Services Tribunal and Section 4 provides for Rules to be prescribed for terms and conditions of a person constituting the Tribunal. Both, Section 3 and 4 of the Act, being directly before us for interpretation in this case, are required to be reproduced in full.

(3.) In exercise of powers under Section 17(2)(a) read with Section 4 of the Act, the State Government framed Rules named as the Gujarat Affiliated Colleges Service Tribunal (Terms and Conditions of Services of Person Constituting the Tribunal) Rules, 1982 (hereinafter referred to shortly as "the Rules"). It is necessary to reproduce all the Rules which are directly before us for interpretation.