Shiv Kumar Sharma, J. - (1.) The function of the court is to apply the law as it stands. May be the court notices the anomalies. But it is not for the court to rewrite the law even though the court considers the provisions as they stand to be unreasonable.
(2.) In the light of the above settled legal position, I proceed to examine the provisions contained in the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as the Act). The Act has been enacted to provide for better organisation and development of education in the Non-Government educational institution in the State of Rajasthan. Section 18 of the Act is about removal, dismissal or reduction in rank of employee. It provides that : ''18. Removal, dismissal or reduction in rank of employee. - Subject to any rules that may be made in this behalf, no employee of a recognised institution shall be removed, dismissed or reduced in rank unless he has been given by the management a reasonable opportunity of being heard against the action proposed to be taken : Provided that no final order in this regard shall be passed unless prior approval of the Director of Education or an officer authorised by him in this behalf has been (sic) ; Provided that this section shall not apply, - (i) to a person who is dismissed or removed on the ground of conduct which led to his conviction on a criminal charge, or (ii) where it is practicable or expedient to give that employee an opportunity of showing cause, the consent of Director of Education has been obtained in writing before the action is taken, or (iii) where the Managing Committee is of unanimous opinion that the services of an employee cannot be continued without prejudice to the interest of the institution, the services of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing. Persons aggrieved by the orders passed under section 18 of the Act may prefer appeal under section 19 before the Tribunal. Section 19 provides that : ''19. Appeal to the Tribunal - (1) If Managing Committee is aggrieved from the order of refusal made by the Director of Education under Section 18, it may prefer an appeal to the Tribunal constituted under section 22 within ninety days of the date of receipt of such order. (2) An employee aggrieved from an order of the Managing Committee made under Section 18 may prefer an appeal to the said Tribunal within ninety days of the date of receipt of such order. If there is any dispute between the management of the institution and any of the its employee with respect of conditions of service, an application may be made to the Tribunal under section 21 of the Act which provides that - ''21. Application to the Tribunal - (1) Where there is any dispute between the management of a recognised institution and any or its employees with respect to the conditions of service, the management or the employee may make an application in the prescribed manner to the Tribunal and the decision of the Tribunal thereon shall be final. (2) Any dispute of the nature referred to in sub-section (1) and any appeal of the nature referred to in section 19, pending before the State Government or any officer of the State Government immediately before the commencement of this Act, shall, as soon as may be after such commencement; be transferred to the Tribunal for its decision.'' Section 22 of the Act contains provisions relating to constitution of the Tribunal. It provides that : ''Constitution of the Tribunal - (1) There shall be constituted by the State Government, by notification, one or more Tribunals for the purposes of this Act. (2) The Tribunal shall have jurisdiction over the whole of the State or such area as may be specified in the notification. (3) The State Government shall appoint a Judicial Officer of the rank of a District Judge to constitute the Tribunal.'' Functions of the Tribunal have been enumerated in section 23 of the Act which provides that - ''23. Functions of the Tribunal. - The Tribunal shall entertain, hear and decide appeals preferred under section 19 and the disputes referred to in Section 21.'' Section 25 of the Act contains the provisions pertaining to powers of the Tribunal. It provides:- ''25. Powers of the Tribunal. - (1) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a civil suit with respect to the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commission for the examination of witnesses; and (d) such other matters as may be prescribed. (2) Every proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meanings of sections 193 and 228 of the Indian Penal Code, 1860.'' Section 26 of the Act provides that the decision of the Tribunal shall be final and no suit or other proceeding shall lie in any civil court with respect to matters decided by it. According to section 27 of the Act, no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt by the Tribunal. Section 41 of the Act provides that notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law for the time being in force, no court shall grant any temporary injunction or make any interim order restraining any proceedings which are being or about to be taken under this Act.
(3.) The short question which now arises for consideration is as to whether the provisions of the Act are applicable to the suits pending in the civil court on the date of promulgation of the Act ?;