- (1.) We have heard learned counsel appearing for the appellants.
(2.) The Management of Indira Gandhi Balika Niketan, Senior Higher Secondary School, Ardwata, District Jhunjhunu, has filed this Special Appeal against the judgment of learned single Judge dated 26.07.2005, by which he has dismissed the writ petition, for quashing the order dated 28.11.2002 of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, setting aside the termination order of the respondent, and directing reinstatement with full back wages. Learned single Judge, after referring to the facts of the case, held that the scope of interference, under Article 227 of the Constitution of India, with the findings of fact recorded by the Tribunal is limited, and thus, dismissed the writ petition, upholding the findings of the Tribunal.
(3.) Brief facts, leading to the filing of the Special Appeal, are that the appellant is an institution aided by the State Government, to the extent of 90% of its financial demand. The respondent No. 1 was appointed as a Lecturer in the Institution on 13.12.1988 in the pay scale of Rs. 1490-3550. She filed an application in the Tribunal on 11.07.1996 under Section 26 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short, "the Act"), with the averments that the Institution started harassing her by levelling false allegations. Her salary was not paid regularly, and she was not allowed to sign in the attendance register. A notice was published against her with baseless allegation that she had abandoned the service. The Tribunal initially by order dated 04.07.2000, dismissed the application. The order of the Tribunal was challenged in the High Court, which allowed the writ petition on 25.09.2002, and remanded the matter to the Tribunal, with the direction to consider the matter afresh, in the light of the provisions contained in Section 18 of the Act.;