PRINCIPAL KENDRIYA VIDYALAYA Vs. JHINGARIA BHIJHANDE

JUDGEMENT

(1.) THE present writ appeal has been preferred under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005 against the order dated 13. 07. 2004 passed in W. P. No. 3835/2000 whereby the learned Single Judge has partly allowed the petition and the award passed by the central Govt. Industrial Tribunal has been modified to the extent by allowing 50% of the back wages instead of 100% back wages.

(2.) ON behalf of the appellant, it was submitted that after when the petitioner Institution has been notified, jurisdiction has been conferred to the Central Administrative Tribunal by issuing a notification under the provisions of Administrative Tribunals Act, 1985. The Central Govt. Industrial Tribunal constituted under the provisions of Industrial Disputes Act, 1947 shall have no jurisdiction to entertain any dispute relating to such matter.

(3.) BEFORE we advert to the question raised on behalf of the appellant, it is to be seen that the respondent was employed as a class IV employee. Since he was illegally terminated from the services by the present appellant, therefore, he raised an industrial dispute by submitting an application for conciliation under Section 12 of the Industrial Disputes Act, 1947. On failure of the conciliation proceedings, the matter was referred to the Central govt. Industrial Tribunal for its adjudication and an order was passed by the Central Govt. Industrial Tribunal on 09. 11. 90 wherein the following dispute was referred to for its adjudication by the tribunal.