LOK SHIKSHAN SANSTHAN Vs. REGISTRAR

JUDGEMENT

(1.) AS the questions involved in both these writ petitions are common and have a bearing on each other, they are being disposed of by this common order.

(2.) FOR the sake of convenience, the pleadings and documents available in W.P.No.3624/1996 are being referred to in this order.

(3.) SUBSEQUENTLY , after formation of Awadhesh Pratap University in District-Rewa, the college is affiliated to the said University. The institute is an aided institute,receiving grants Madhya Pradesh Subsequently, after winding up of the Ayog in the year 1981, grant is given by the State Government after due approval and concurrence of the Uchha Shiksha Anudah Ayog, permission was granted to the college to start Post Graduate Classes i.e. M.A. in Sociology, however, while granting permission, a condition was stipulated that no grant-in-aid shall be paid to the institute for this Course. It seems that Respondent No.3 Ajaib Singh was permitted to join as Assistant Professor in Sociology on 27.7.1982 on adhoc basis and according to the management of the Institute, the adhoc appointment was to be subject to sanction of the post and approval for grant in aid. The appointment was made by the Governing Body and it was after recommendation of the duly constituted Selection Committee. However, as recommendation of the selection committee was not approved, it is stated that the adhoc and temporary arrangement continued on temporary basis. It is stated that late Shri Ajaib Singh was not given any regular appointment. In June, 1987, it is alleged that Respondent No.3 remained unauthorizedly absent for a very long period of time and even after various notices and letters were issued vide Annexure-P5 and P6, it is stated that Respondent No.3 did not join services, instead, he moved application to the Vice Chancellor of Awadhesh Pratap Singh University, Rewa claiming salary on the. ground that he is not permitted to work. It seems that in view of the above, certain dispute arose between the Institute and Respondent No.3 Shri Ajaib Singh with regard to working or otherwise and finally in accordance with Statute No. 28 of the College Code and in accordance with provisions of Clause 38 thereof, a statutory tribunal was constituted consisting of a Nominee of Kulpati Respondent No.2, a nominee of Shri Ajaib Singh Respondent No.3 i.e. one Umesh Singh and a nominee of the Governing Body of the Institute i.e. one Shri Janardan Prasad Mishra. The tribunal was to adjudicate the dispute. The tribunal by an order dated 13.5.1996 decided certain issues. It is the case of the petitioners in W.P.No.3624/ 1996 that the question referred to the tribunal was only with regard to payment of salary. The tribunal exceeded its jurisdiction and in its award Annexure- P1 dated 13.5.1996, issued instructions and decided various other questions which were not the subject matter before the Tribunal. Challenging the aforesaid award, this writ petition has been filed by the Institute i.e. W.P.No.3624/1996.