- (1.) The application is allowed and eight days' delay in refiling of the appeal is condoned. C.M. No. 924 of 2007 The application is allowed as prayed for. L.P.A. No. 224 of 2005 & C.M. No. 925 of 2007 The appellant is the Managing Committee of Khalsa High School, Khaira Majja, Tehsil and District Jalanadhar, who has invoked the jurisdiction of this Court under Clause X of the Letters Patent for assailing judgment dated 18.7.2007 of the learned Single Judge vide which CWP No. 12464 of 1991 filed by it for quashing order dated 14.6.1991 of the Presiding Officer, Schools Tribunal, Punjab (hereinafter referred to as 'the Schools Tribunal') has been dismissed. During the pendency of the appeal, the stay of the operation of the impugned judgment has also been sought.
(2.) Respondent No. 3-Ved Parkash Chopra joined the services of the appellant as Maths Master on 7.7.1967. He submitted his resignation and was accordingly relieved from his duties on 18.2.1972. He again joined the services of the appellant on 26.8.1974. He absented from duty with effect from 5.11.1981 without the permission of the Head Master and without informing any one. His first application for grant of leave without pay up to 31.3.1982 on the ground of tension was handed over in the office of the appellant on 17.11.1981 by his wife after amending its date from 19.10.1981 to 19.11.1981. No leave application for the period from 5.11.1981 to 18.11.1981 was sent by respondent No. 3, but the appellant granted him leave without pay as he was entitled to the same for the period from 19.11.1981 to 31.3.1982. The next application for leave was received for the period from 1.4.1982 to 30.9.1982 by registered post on the same plea of tension. It was also accepted. The third application for leave without pay for the period from 1.10.1982 to 31.3.1983 was again received by registered post on 4.10.1982, but the signature of respondent No. 3 appeared to be forged and hence, the same was rejected and he was sent a communication vide registered post on 20.10.1982 asking him to resume his duties immediately. The said letter was received back undelivered. Again, a notice was sent on 24.12.1982 at his home address by registered post asking him to join his duties. The said notice was also received back undelivered. Thereafter, the appellant got a notice published in Daily Jagbani, a leading newspaper in Punjabi, on 1.4.1983 directing respondent No. 3 to join duty by 15.4.1983. Further applications from respondent No. 3 for extension of leave from 1.4.1983 to 30.6.1983 and 1.7.1983 to 31.8.1983 were again received by registered post, but there was no address on the same.
(3.) Thereafter, the appellant constituted an Action Committee by passing a resolution on 7.9.1983, who summoned respondent No. 3 and confronted him with the letters which had been dispatched on 19.11.1981, 25.3.1982 and 27.9.1982.;