S R PATEL Vs. MANAGER SHARDA VIDYALAYA

JUDGEMENT

(1.) The petitioners members of the teaching and non-teaching staff of Sharda Vidyalaya Bhat village Daskroi Taluka Ahmedabad District which is a private registered Secondary School have filed this contempt petition against the Manager of the school joined as Respondents Nos. 1 and 2 Chandubhai P. Amin who is also the Managing Trustee of the trust in question and against the District Education Officer who is joined as Respondent No. 3.

(2.) The case of the petitioners is that they had not been paid their salary and that is why they had approached by an application under the Gujarat Secondary Education Act 1972 to the Education Tribunal. The Tribunal has disposed of this matter by the final order dated October 15 1976 The Managing Trustee Chandubhai P. Amin appeared in that matter. His plea was that he had not received the grant from the Government. He assured the Tribunal to take adequate steps to pay the arrears of salary of all these persons. The Tribunal held that it was not proper on the part of the management not to take any steps for the payment of the salary of these employees including the teachers on the ground that administration of the school was to be banded over to the village people. There was even no evidence on record to show that the school was to be handed over to the village people. As the management had flouted its obligation to pay salary to all these employees including the teachers concerned the Tribunal had passed the following order :

(3.) It is the case of the petitioners that after the said award of the Tribunal the petitioners applied to the President Bhavan Education Trust which was the trust running the respondent school for making payment of the salary as directed by the Tribunal. A similar application was made by the petitioners to the District Education Officer on the same day as per Annexure B on November 16 1976 A letter was also addressed to the Managing Trustee Chandubhai P. Amin on November 12 1976 as per Annexure C with a request to make the payment. As no payment whatever was made and the award of the Tribunal had been flouted the present contempt application was filed by these petitioners. The Rule in this matter was issued on March 24 1977