BHARAT HEAVY ELECTRICALS HIGHER SECONDARY SCHOOL S Vs. BHARATH HEAVY ELECTRICALS LIMITED, REP BY ITS CHAI

JUDGEMENT

(1.) All these Writ Petitions can be disposed of by a common judgment.

(2.) W.P.No. 29998/98 was filed by Bharat Heavy Electricals Higher Secondary School Staff Association and some other teachers of that school seeking writ of mandamus directing the Bharat Heavy Electricals Limited to continue and run the Bharat Heavy Electricals Limited Higher Secondary School with classes from L.K.G. to 12th as a welfare measure in accordance with the objectives of the company memorandum and also the constitutional obligations under Art. 45 of Constitution of India. They further seek the declaration that the petitioners No.2 to 9 are the employees of Bharat Heavy Electricals Limited. Further direction was sought to continue the staff and also pay them the emoluments, gratuity etc. as applicable to Bharat Heavy Electricals Limited Employees. They also seek declaration restraining the B.H.E.L. from closing down the classes from 1996 onwards by not admitting the students which as a consequential effect of termination of the services of the teaching staff as discriminatory and violation of the articles 14, 16 and 21 of the Constitution of India. In W.P.Nos. 30278 of 1998 and 3806 of 1998, similar reliefs were sought. The petitioners have sought for very ambitious relief, but in nut-shell their grievance is that they should be treated as the employees of the B.H.E.L. for the purpose of emoluments and for the purpose of terminal benefits and that the school should be directed to be run by the B.H.E.L. without closing down the school as welfare measure to the employees of the B.H.E.L.

(3.) Other Writ Petitions are filed challenging the termination Order passed by the B.H.E.L. School Committee by the B.H.E.L. Educational Society and termination Order dated: 25.2.2000 and for consequential relief of reinstatement into service and other benefits.