LAWS(GJH)-2016-7-362

PIYUSH R PARIKH Vs. UDGAM SCHOOL OF CHILDREN

Decided On July 29, 2016
Piyush R Parikh Appellant
V/S
Udgam School Of Children Respondents

JUDGEMENT

(1.) PER : <DJG>MR.N.V.ANJARIA</DJG>, J. :- 1. The petitioner has prayed to issue directions against the fourth respondent as well as the sixth respondent to take steps against the respondent Nos.1, 2 and 3, further praying for direction against the first, second and third respondents to allow the petitioner to discharge his duties as Account Assistant in the first respondent School, as also to release the outstanding dues claimed by the petitioner.

(2.) The controversy, if to be stated in a nutshell, is that according to the allegations of the petitioner, the office bearers of the private respondent School and the management harassed him, ill-treated him though he was a dutiful employee working on the post of Accountant and drove him away from services; on the other hand the case is countered by the respondent School that the petitioner had voluntarily left the services. What the petitioner prays is for a direction against the respondent No.4 National Commission for Scheduled Castes to intervene.

(3.) It would be relevant to set out the factual matrix in the background. The petitioner was appointed by the first respondent School run by second respondent Trust, as an Account Assistant from 01st June, 2007. It is the case of the petitioner that his salary was increased in August, 2008, that he was enjoying full confidence of the Trustees and used to report directly to the Trustees about the functioning in the accounting matters. The petitioner who belong to the scheduled caste, submitted that he had been discharging his duties with honesty, sincerity and integrity, the Manager (Administration) of the School Shri Dhimantbhai Chokshi did not like the progress of the petitioner; he did not like the petitioner checking the bills prepared by him nor did he like the close relations of the petitioner with the Trustees. It is the allegation of the petitioner that said Mr.Chokshi in order to cause harassment to the petitioner, shifted the place of the petitioner to an unhygienic environment near a toilet, due to which the petitioner became prone to fall sick. The petitioner has further averred about non-approval of the leave to harass him even when the wife gave birth to twin children, who were kept on oxygen. It is the further case of the petitioner that said Mr.Chokshi filed false complaints against the petitioner. Consequently, stated the petitioner, on 06th September, 2011 the Assistant Director Bhanumati Chokshi, in an insulting tone asked the petitioner to go away after giving the keys of the office thereof, which was without any reason and without allowing the petitioner to give explanation.