MANAGEMENT OF BAKTHAVATCHALAM VIDYASHRAM Vs. WORKMEN

JUDGEMENT

(1.) This writ appeal is preferred against the order of the learned single Judge made in W.P.No.34471 of 2004 dated 5.3.2013 wherein the award passed by the Industrial Tribunal in I.D.No.113 of 2000 dated 19.5.2004 was confirmed extending salary on par with the State Government School Servants from 1.1.1996 to the employees working in appellant School - Bakthavatchalam Vidyashram, Periyar Nagar, Korattur, Chennai, which is an unaided private School.

(2.) The brief facts necessary for disposal of this writ appeal are as follows:

(3.) Mr.R.Parthiban, learned counsel appearing for the appellant submitted that the affiliation bye-laws are not applicable to the members of the respondent association viz., Drivers, Conductors and Ayahs, and the respondent has not mentioned about the number of persons who are its members, and CBSE Board is not made as a party. Learned counsel also submitted that the unaided school staff cannot demand that they should be paid salary on par with the Government or Aided School staff, as the staff in the Government and Aided Schools are appointed by due process and the staff in Unaided schools are employed without following any procedure, and particularly for appointment of Drivers, Conductors and Ayahs no procedure is followed. The members of the respondent association are paid more than the minimum wages prescribed by the Government and the Industrial Tribunal and the learned single Judge are not right in sustaining the claim of the respondent.