COMMITTEE OF MANAGEMENT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-20
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 10,2013

COMMITTEE OF MANAGEMENT Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) The petitioners, by way of present writ petition, under Article 226 of the Constitution of India, seek to issue a writ, order or direction in the nature of certiorari for quashing the order dated 06.09.2013 (Annexure-1 to the writ petition) as well as the consequential order dated 26.09.2013 (Annexure- 2 to the writ petition), whereby respondent no. 4 instructed the Principal of the petitioner Institute to cancel the order of termination of services of respondents no. 7, 8, 9 and 10, who were terminated vide order dated 31.12.2012, and also to accept their joining.
(2.) A civil misc. stay application no. 11796 of 2013 is also filed with the prayer to stay the effect and operation of the instructions issued vide order dated 06.09.2013, further followed by letter dated 26.09.2013, during the pendency of the present writ petition.
(3.) Separate agreements were entered into between petitioner no. 2, Principal of National Inter College, Dhanori (hereinafter referred to as the petitioner Institute ) on the one hand and respondents no. 7, 8, 9 and 10, on the other. Respondents no. 7, 8, 9 and 10 were engaged (as PTA teachers) in the petitioner Institute. It was agreed to between them that an honorarium of Rs. 7000/- per month would be paid to respondents no. 7, 8, 9 and 10. Certain other conditions were also stipulated in the said agreements, cancellation of engagement without notice being one of them. The petitioner Institute also took upon itself the power to remove respondents no. 7, 8, 9 and 10. Such agreements were executed on 20.12.2011. Respondents no. 7, 8, 9 and 10, alongwith the Principal of the petitioner Institute were signatories to the agreements, which were countersigned by the Manager of the petitioner Institute.;


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