GUJARAT VIDHYAPITH Vs. BECHARBHAI NAGAJIBHAI BHARWAD

JUDGEMENT

(1.) Since these petitions involve identical questions of law and facts, they have been heard together and are being disposed of by this common judgment.

(2.) Short facts leading to the present petitions are that the petitioner No.1, Gujarat Vidyapith had employed the respondent No.1 in each of these petitions in the Press run by the petitioner No.1. It is the case of the petitioners that the Gujarat Vidyapith is declared as deemed University under section 3 of the University Grants Commission Act. It is not in dispute that the Press run by the petitioners called Prakashan Mandir was closed down permanently and on account of this closure, the respondent No.1 in each of the petitions had to be terminated from service. The petitioners, therefore, by orders dated 26th October, 1997, terminated the services of the respondent No.1 in each of the petitions. The said respondents employees challenged the action of the petitioners before this High Court by filing Special Civil Applications which later on came to be transferred to the Gujarat Universities Services Tribunal and were numbered as Application Nos.6/99 and 7/99 respectively.

(3.) The Gujarat Universities Services Tribunal by its common judgment and order dated 29th December, 1999 was pleased to allow the applications of the employees concerned and the orders of termination of the employees were quashed and set aside being in contravention of the mandatory provisions of section 14 of the Gujarat Universities Services Tribunal Act, 1983 which is for the sake of brevity referred to as the "said Act" at some places in this judgment.