WAINGANGA BAHUUDDESHIYA VIKAS SANSTHA Vs. ANIL

JUDGEMENT

(1.) Rule in all the Petitions, with the consent of the parties made returnable forthwith and heard.

(2.) The above Petitions take exception to the Judgment and Orders of the College Tribunal by which the Tribunal has set aside the termination orders passed against the Respondents-Lecturers in Writ Petition Nos.1301/11, 1314/11 and 1315/11 on the ground that the enquiry held against the Respondents-Lecturers in the said Petitions has been vitiated. The Tribunal in the course of adjudication of the said proceedings has also held that prior permission of the University is not required to be taken for the termination of the Respondents, as the Respondents are not confirmed employees. The aforesaid three Petitions have been filed by the Management challenging the orders of the Tribunal in so far as it sets aside the termination orders passed against each of the Respondents on the ground that the departmental enquiry is vitiated on account of violation of the principles of natural justice. The Respondents-Lecturers have also challenged the said Judgment and Orders of the Tribunal in so far as it holds that for the termination of the said Respondents-Lecturers, prior permission of the University is not required. In so far as Writ Petition No.1301/11, which is filed by the Management, is concerned, the Cross Petition filed by the Respondent-Lecturer is Writ Petition No.1979/11 and, in so far as Writ Petition No.1314/11, which is filed by the Management, is concerned, the Cross Petition filed by the Respondent-Lecturer is Writ Petition No.1978/11. In so far as Writ Petition No.1315 of 2011 filed by the Management is concerned, there is no Cross Petition filed by the Respondent-Lecturer.

(3.) Since common questions of fact and law arise for consideration in the above Petitions, the same are heard together and disposed of. For the sake of convenience the parties would be referred to as per their nomenclature before the College Tribunal i.e. The Petitioners in Writ Petition No.1301/11 would be referred to as "the Management", and the Respondents- Lecturers would be referred to as "the Appellants".