MANAGING COMMITTEE AGARWAL COLLEGE, JAIPUR Vs. RAJASTHAN NON

JUDGEMENT

(1.) The petition has been filed against the order dated 03.02.2005 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (hereinafter the Tribunal) whereby an application under Sec. 5 of the Limitation Act, 1963 (hereinafter the 1963 Act) as also the application under Order 9 Rule 13 Code of Civil Procedure filed by the petitioner Managing Committee Agrawal College (hereinafter 'the petitioner Committee') seeking to impugn the ex-parte order dated 16.04.1999 has been dismissed.

(2.) The facts of the case that the respondent No.2- applicant Ghanshyam (hereinafter 'the applicant') filed an appeal under Sec. 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter '1989 Act') before the Tribunal on 13.07.1998 challenging his verbal termination dated 01.06.1998 by the Principal Agrawal College. In the array of parties, the Agrawal College, through Manager Agrawal College, Managing Committee Jaipur as also director of the College Education were impleaded as non-applicants. It appears from the record that notices on the appeal were served by registered post AD on 21.07.1998 on the non applicant Agrawal College and acknowledgement due received back at the Tribunal. None however appeared on behalf of the non-applicant Agrawal College. Consequently on consideration of evidence laid by the applicant Ghanshyam arguments were heard on 07.04.1999 and vide order dated 16.04.1999 the learned Tribunal set aside the verbal termination order of the applicant on 01.06.1998. The College was directed to reinstate the applicant Ghanshyam back in service with all consequential benefits.

(3.) An application under Order 9 Rule 13 Code of Civil Procedure came to be filed on 16.09.1999 for setting aside the exparte order dated 16.04.1999 passed by the Tribunal. An application under Sec. 5 of the Limitation Act seeking condonation of delay in approaching the Tribunal for setting aside the exparte order dated 16.04.1999 was also filed. It was stated that notice on appeal under Sec. 19 of the 1989 Act was not received by the Secretary of the Managing Committee of the petitioner Agrawal college and only in May, 1999 a registered letter was received by the petitioner Agrawal College from the applicant Ghanshyam detailing the factum of ex-parte order dated 16.04.1999 and his reinstatement with consequential benefits. It was stated that the entire proceedings before the Tribunal leading to the ex-parte order dated 16.04.1999 were thus vitiated on grounds of denial of natural justice. The contention was that no post of a Manager of the Agrawal College Managing Committee, existed and hence the purported service even by a registered letter on such Manager was no service in the eye of law. It was further stated that after the letter of May, 1999 from the applicant Ghanshyam was received by the College, informing it of his order of reinstatement passed on 16.04.1999 the petitioner college could not earlier approach the Tribunal as annual examinations were underway. Consequently, the consideration of the ex-parte order dated 16.04.1999 was kept in abeyance. Subsequent to conclusion of the annual examinations the matter was considered and a decision was taken that as the applicant Ghanshyam was not even an employee of the petitioner Agrawal College, but an employee of Agrawal Day College proceedings against the Agrawal College culminating in the Tribunal's order of 16.04.1999 should be put to challenge. It was further submitted that no order of termination of service of the applicant Ghanshyam had been passed on 01.06.1998 or otherwise. Instead the applicant himself abandoned service on 01.06.1998 and in spite of a notice dated 25.06.1998 did not comply therewith and return to work. It was submitted that after inspection of the file of the Tribunal a certified copy of the order dated 16.04.1999 was obtained on 30.08.1999. It was prayed that in the circumstances of the case and in the interest of justice the delay in filing the Order 9 Rule 13 Code of Civil Procedure application on 16.09.1999 be condoned under Sec. 5 of the Limitation Act, 1963 and the impugned order dated 16.04.1999 be recalled. It was prayed that the matter be heard afresh on merits, such that the non-applicant College be put in a position to set up its defence to the wholly frivolous application under Sec. 19 of the 1989 Act filed by the applicant Ghanshyam.