LAWS(RAJ)-2005-7-63

BRAHMCHARI MADHYAMIK VIDYALAYA ALWAR Vs. RAJASTHAN NON GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL JAIPUR

Decided On July 21, 2005
BRAHMCHARI MADHYAMIK VIDYALAYA ALWAR Appellant
V/S
RAJASTHAN NON GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL JAIPUR Respondents

JUDGEMENT

(1.) THE petitioner seeks to quash the order dated January 9, 2001 of Rajasthan Non Government Educational Institutions Tribunal Jaipur whereby the petitioner has been directed to make payment to respondent of the benefits of revised pay scale and selection scale of 9, 18 and 27 years of service and the amount of gratuity along with the interest 12%.

(2.) LEARNED counsel appearing on behalf of the petitioner vehemently canvassed that the application of the respondent under Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (for short `1989 Act') was not maintainable because the 1989 Act came into force w. e. f. April 1, 1993 and the respondent had already retired on November 30, 1992. Reliance is placed on the Management of Goodyear India Ltd. vs. Shri K. G. Devessar, AIR 1985 SC 1759.