Guru Harkishan Public School & Anr v. Amit Kumar Malik & Anr

Delhi High Court · 13 Feb 2015 · 2015:DHC:10953
Valmiki J. Mehta
W.P.(C) 1168/2015
2015:DHC:10953
labor appeal_allowed Significant

AI Summary

The Delhi High Court held that under Rule 121 of the Delhi School Education Rules, 1973, schools have exclusive initial jurisdiction to decide back wages claims, setting aside Tribunal orders and directing employees to submit representations to the school.

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$-2 to 6 HIGH COURT OF DELHI
W.P.(C) 1168/2015
GURU HARKISHAN PUBLIC SCHOOL & ANR Petitioners
Through: Mr. Jasmeet Singh, Adv.
VERSUS
AMIT KUMAR MALIK & ANR
Through:
Respondents Mr. I.S.Alag, Mr. J.S.Lamba, Mr. R.S.Bisht, Mr. Ahmad Shahroor and Mr. Rajesh Kumar, Advs. forR-1.
Ms. Nikhita IChetrapal, Adv. for Ms. Nidhi Raman, Adv. for R-2.
W.P.(C) 1233/2015
VERSUS
BUNTY CHOUDHARY & ANR
Through:
Mr. I.S.Alag, Mr. J.S.Lamba, Mr. R.S.Bisht, Mr. forR-1.
Ms. Nikhita Khetrapal, Adv. for Ms. Nidhi W.P.(C) 1236/2015
AMIT KUMAR & ANR
W.P.(C) 1168/2015 conn.
VERSUS
Through: Mr. I.S.Alag, Mr. J.S.Lamba, Mr. R.S.Bisht, Mr. forR-1. page 1 of3
2015:DHC:10953 .tt
W.P.(C) 1237/2015
VERSUS
MAMTA CHOUDHARY & ANR
Through:
Mr. LS.Alag, Mr. J.S.Lamba, Mr. R.S.Bisht, Mr. forR-1.
Ms. Megha Bhavana, Adv. for Ms. Ruchi Sindhwani, Adv.
W.P.(C) 1240/2015
VERSUS
SANJAY KUMAR & ANR
Through: .... Respondents Mr. LS.Alag, Mr. J.S.Lamba, Mr. R.S.Bisht, Mr. forR-1.
CORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
13.02.2015
ORDER

1. After arguments, these writ petitions are disposed of with the consent order that the impugnedjudgments passed by the Delhi SchoolTribunal will stand with the observation that the decision with respect to back wages given by the Tribunal are set aside in view of the Rule 121 of the Delhi School Education Rules, 1973 which empowers the school and not the Tribunal inthefirst instance topass appropriate orders with respect to any W.P.(C) 1168/2015 &conn. page[2] of[3] n back wages and related aspects to the employees. The employees in each of these cases will now make exhaustive representations to the petitionerschool within a period of two weeks from today as to how and in what manner they are entitled to complete back wages and such representations will be decided by the petitioner-school within a period of four weeks thereafter by aspeaking order to be communicated to each ofthe employees, and who are the respondent no.1ineach ofthese petitions.

2. It is also agreed that both the parties will fully cooperate in the departmental proceedings which are initiated by the petitioner-school against each of the respondent no.l and which departmental proceedings will be concluded as expeditiously aspossible in accordance with law.

3. It is also agreed that each ofthe respondent no.l will within aperiod of one week join theservices with thepetitioner-school.

4. The writ petitions and all pending applications are disposed of in terms of the aforesaid consent order, leaving the parties to bear their own costs. Dasti to counsel for the parties. VALMIKIJ.MEHTA,J FEBRUARY 13,2015/ib W.P.(C) 1168/2015 &conn. page 3of[3]