KULWANT SINGH TIWANA, J. - (1.) The facts leading to this petition are that D.A. V College, Hoshiarpur was being managed by a Committee whose President was Chowdhry Balbir Singh. Ex-member of Parliament. During the course of emergency in the year 1975, when Chowdhry Balbir Singh was under detention, the management of the College was taken, over by the D.A.V.College Managing Committee, Chitra Gupta Road, New Delhi respondent No. 2. Respondent No. 2 then started managing D.A.V. College, Hoshiarpur Shri Chaman 1st Bains, respondent No. 5, was working as a lecturer in English in the D.A.V. College, Hoshiarpur, Respondent No. 2 transferred Shri Chaman Lal Bains to D.A.V. College, Jullundur, which was then under its management. The management of the College at Hoshiarpur was taken over by the Committee headed by Chowdhry Belbir Singh with effect from 23rd day of May, 1977. Respondent No. 2 then passed orders for the transfer of some employees including Shri Chaman Lal Bainsfrom D.A.V. College, Jullundur to D.A.V. College, Hoshiarpur, and relieved them of their duties from that college. They were directed to join at Hoshiarpur. When Shri Chaman Lal Barns, respondent No.5, went to Hoshiarpur, the Management of D.A.V. College did not permit him to join duty on the ground that he was no longer their employee.Shri Chaman Lal Bain, made fruitless efforts in approching both the Committees. He than filed an application before the Director of Public instruction (Colleges) Punjab, Chandigarh, under the provision of the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (hereinafter referred as the Act). The Director issued notice to all the respondents, that is, the Committees and the Principals of both the colleges. After hearing the concerned parties, the Director held:- "This petition purports to have been made under section 4(3) of the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974. This section, or any other provisions of the said Act, do not cover the present situation. This is not a case of dismissal or removal from service." With these observations the Director dismissed the application. Shri Chaman Lal Bains then filed an appeal against the order of the Director dated 30th of August, 1977, Annexure P-1 to the Petition, in the court of the District Judge, Hoshiarpur. The learned Additional District Judge, Hoshiarpur, vide his order dated 8th of June, 1978 Annexure P-3 to the petition, accepted the appeal and directed the Managing Committee of the D.A.V. College, Hoshiarpur, to take Shri Chaman Lal Bains on its staff.
(2.) This present petition has been bled by the D.A.V. College Managing Committee, Hoshiarpur through its President under Articles 226 and 227 of the Constitution of India, challenging the validity of the orders of the Additional District Judge, Hoshiarpur. The main ground surged in the petition are that the case of Shri Chaman Lal Bains does not all under any provisions of the Act and that he was no longer their employee. The order of the Additional District Judge on these grounds was sought to be quashed. Respondent No. 2 in its return took a similar position as the petitioner and also questioned the territorial Jurisdiction of the Additional District Judge, Hoshiarpur to hear the appeal, as no cause of action had arisen within the jurisdiction of that court.
(3.) Shri Chaman Lal Bains supported the validity of the impugned order.;