AMARATLAL ISHWARBHAI JOSHI Vs. KALKADEVI BAL VIDYALAYA

JUDGEMENT

(1.) This application is filed for taking appropriate action against the respondents under the provisions contained in Contempt of Courts Act lor noncompliance of judgment and order passed by the Gujarat Primary Education Tribunal (hereinafter referred to as 'the Tribunal') in Application No. 265 of 1990 on 2 1/04/1993 and also for not complying with the order passed by this Court in Miscellaneous Civil Application No. 1457 of 1993 on 25/10/1993. The applicant has further prayed that the respondents be directed to pay 18% interest on the unpaid amount till its realisation.

(2.) Short facts leading to the proceedings are as under :- The applicant whose services came to be terminated by an order dated 1/10/1990 approached the Tribunal under Sec. 40-B of the Bombay Primary Education Act. The applicant who is qualified was with the respondent-School since 9/11/1985 The grievance was made that as per rules and regulations, he was not paid dearness allowance and bonus. After 30-9-1990. applicant was not allowed to sign the muster roll and was orally ordered not to attend the School. By a registered letter dated 8-10-1990. he was served with termination order. The grievance was also made that no inquiry is ordered against him and therefore, the termination order is bad in law and should be set aside. The Tribunal, on appreciation of evidence, held that the order is bad and resultantly. quashed and set aside the order dated 1-10-1990 terminating the services of the applicant vide Exh. 12. The Tribunal also directed the respondents to pay dearness allowance, salary, etc.. from 1-7-1990 to 30-9-1990 and also to pay salary, allowances, etc.. from 1-10-1990 till the date of reinstatement by account payee cheque within a period of two months and the applicant should be paid regular salary by account payee cheque before tenth of every month. By an interim order, he was ordered to be allowed to join duties and therefore, no separate order has been passed by the Tribunal.

(3.) As the order passed by the Tribunal was not complied with by the respondents. applicant earlier preferred Miscellaneous Civil Application No. 1457 of 1993. On 25/10/1993, solemn assurance was given to the Court by respondents. The Court, thereafter passed the order as under :-