Raj Kumar Vs. Director of Education and others
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Head Note
Civil Law - Industrial Disputes
Delhi School Education Act, 1973 - Section 8(2) - Non-compliance of the provision of - The appellant, who was a driver, had been retrenched from his services by the respondent-Managing Committee, DAV Public School on the ground of non availability of CNG vehicles - Section 8(2) of the DSE Act is one such precautionary safeguard which needs to be followed to ensure that employees of educational institutions do not suffer unfair treatment at the hands of the management. Section 8(2) of the DSE Act was very much a valid provision of the statute as on the date of the retrenchment of the appellant, and there is absolutely no reason why it should not have been complied with - The respondent-Managing Committee did not obtain prior approval of the order of termination passed against the appellant from the Director of Education, Govt. of NCT of Delhi as required under Section 8(2) of the DSE Act, thus, the order of termination passed against the appellant is bad in law - The respondent-Managing Committee is directed to reinstate the appellant at his post with back wages - Appeal allowed.
Civil Law - Industrial Disputes
Industrial Disputes Act, 1947 - Sections 25F (a) and (b) - Retrenchment from service of the appellant-driver by the respondent-Managing Committee, DAV Public School by following the procedure laid down under - The High Court dismissed the Writ Petition filed by the appellant in limine and upheld the termination order passed against the appellant by the Delhi School Tribunal - Appeal - The notice under Section 25F(c) of the ID Act has not been served upon the Delhi State Government. Section 25F(c) is a condition subsequent, but is still a mandatory condition required to be fulfilled by the employers before the order of retrenchment of the workman is passed - The respondent-School has not produced any evidence on record to show that the retrenchment of the appellant was necessary as he had become 'surplus' - The mandatory conditions of Section 25F of the ID Act to retrench a workman have not been complied with, therefore, the order of retrenchment set aside.
Civil Law - Industrial Disputes
Industrial Disputes Act, 1947 - Workman - Whether the appellant is a workman for the purpose of ID Act - Yes - A driver employed by a school, being a skilled person, is a workman for the purpose of the ID Act.
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