January 30, 2019:
On Wednesday, Hon'ble Ms. Justice Rekha Palli of Delhi High Court holds that merely on the basis of payments being received by the Respondents from the Principal, does not entitle them to be the employees of the school as per Delhi School Education Act, 1973.
The petitioner/School is an aided and recognised school which is governed by the provisions of the Delhi School Education Act, 1973 and is therefore receiving 95% aid from the Directorate of Education.
It is observed that no appointment letter was placed on record and merely on the basis of payments received by the Respondents from the Principal, the learned Tribunal has arrived at the conclusion that they were employees of the school without even considering the fact that even in their claim petition, both the respondents had categorically stated that they were appointed by the Principal on a monthly lump sum payment of Rs.350/-.
"It is evident that the learned Tribunal has not only failed to consider the aforesaid mandatory provisions of the Delhi School Education Act, 1973 as applicable to the petitioner/School but has on the other hand got unduly swayed by the fact that the respondent no.2 & late Sh. Shyam Singh were being permitted to stay in the School quarters along with other Peons/Chowkidars which finding, in my view, is wholly unsustainable."
The court holds that, "The consequential finding that their services were terminated by the petitioner/School without following the procedure prescribed under Sections 25-F and 25-G of the Industrial Disputes Act, cannot also be sustained.
The direction to re-instate the respondent no.2 with full back wages as also the direction to pay arrears of wages from the date of termination of late Sh. Shyam Singh till the date of his death to the respondent no.3, i.e, legal heir of late Sh.Shyam Singh, is also not sustainable...."
Read Judgment @ LatestLaws.com
THE BIRLA SR. SECONDARY SCHOOL Vs INDUSTRIAL TRIBUNAL & ORS 30.01.2019(Downloadable PDF)
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