A.S.SUPEHIA,J. - (1.) In the present writ petition, the petitioner has assailed the order dated 21.10.2005 passed by the Gujarat Affiliated Colleges Services tribunal Act, 1982, (herein after referred as 'tribunal'), where by and wherein the tribunal has allowed restoration application filed by the respondent here in.
(2.) The brief facts giving rise to the present petition are that:
(3.) Petitioner no.1 is Educational Society duly registered and incorporated under the provisions of the Bombay Public Trusts Act, 1950 and having Registration No.Kheda/F3 and is running Science, Arts, Law and Commerce Colleges and also runs Primary as well as High School. Petitioner no.2 is the Principal of J&J College of Science run by petitioner no.1 trust and he is academic head of the institution where the respondent was working. The respondent was working as a Lecturer in petitioner no.2 College with effect from 15.06.1964. On 13.03.1973, an advance notice was given to relieve the respondent from service with effect from 14.06.1973. Thereupon respondent preferred a Regular Civil Suit No. 187 of 1973 in the Court of 2nd Joint Civil Judge (SD), Nadiad. The said suit was preferred on 14.06.1973. In that Suit a request was made for a reference to the High Court under Section 113 of Civil Procedure Code as to determine the authority of Section 51A of Gujarat University Act and also Ordinance 120F to 120G of Gujarat University. There were some proceedings in between in connection with the authority of the Act; however, the same are not referred to herein. The said matter was heard by the Civil Judge (SD) Nadiad on 14.08.1997 holding that the Civil Court has no jurisdiction to try and decide the Suit, as the tribunal is now constituted and, therefore, the Suit was transferred under Section 13(2) of the Act, to the Tribunal.;