- (1.) These appeals, by certificate, are from a common judgment of the Gujarat High Court giving some monetary benefits to the respondents.
(2.) The facts of the case can be quite shortly stated : Appellant No. 1 is a Public Trust and other appellants are its Trustees. The Trust was running a Science College at Ahmedabad. The College initially had temporary affiliation to the Gujarat University under the Gujarat University Act, 1949. From June 15, 1973 onwards, the College had permanent affiliation under the said Act as amended by Gujarat Act, 6 of 1973. The University teachers and those employed in the affiliated colleges were paid in the pay scale recommended by the University Grants Commission. At one stage, there was some dispute, between the University Area Teachers' Association and the University about the implementation of certain pay scales. That dispute, by agreement of parties, was referred to the Chancellor of the University for decision. On June 12, 1970, tbe Chancellor gave his award in the following terms : (1) That the revised pay scales as applicable to teachers who joined before April 1, 1966, should similarly be applicable to those who joined after April 1, 1966 and they be continued even after April 1, 1971. (2) That these pay scales be exclusive of clearness allowance. Therefore, fixing the pay of the teachers who joined after April 1, 1966, no portion of existing clearness allowance would be merged. However, with effect from April 1, 1971 in respect of both the categories of teachers i.e. pre-1966 and post-1966 teachers, dearness allowance was to be merged with the salary. (3) That arrears for the period from April 1, 1966 to March 31, 1970 accruing due under the award were to be paid (without interest) is ten equal instalments beginning from April 1, 1971. (4) The award was to be given effect to from April 1, 1970. There are other provisions also. But we are not concerned with those provisions for our purpose.
(3.) This award of the Chancellor was accepted by the State Government as well as by the University. The latter issued direction to all affiliated colleges to pay their teachers in terms thereof. The appellants instead of implementing the award served notice of termination upon 11 teachers on the ground that they were surplus and approached the University for permission to remove them. But the Vice Chancellor did not accede to their request. He refused the permission sought for. There then the management - we mean the trust took a suicidal decision. The decision was to close down the College to the detriment of teachers and students. The affiliation of the College was surrendered and the University was informed that the management did not propose to admit any student from the academic year 1975-76. It was again a unilateral decision without approval of the University. The College was closed with effect from June 15, 1975 with the termination of services of all the academic staff.;