- (1.) HEARD learned counsel for the parties.
(2.) SHORT , but important question of law arises in this L.P.A. The appellant -petitioner filed the petition under the provisions of the Jharkhand Education Tribunal Act, 2005, before the Jharkhand Education Tribunal and the said application has been dismissed by the Tribunal in view of the bar contained in Sub -clause (a) of sub -section 1 of Section 10 of the Act of 2005, which provides that the Tribunal shall not admit an application unless in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date of establishment of the Tribunal. If this order is upheld as has been upheld by the Single Bench of this Court then question arises that whether the appellant will be rendered remedyless? The appellant initially has challenged the order dated 15.4.1994 passed by the Managing Committee of the Xavier Labour Relations Institute, Bistupur, Jamshedpur, before the Labour Court, Jamshedpur, by which the petitioner -appellant was removed from the service. The Labour Court, Jamshedpur dismissed the claim of the petitioner on 29.3.2005 holding that the Educational Institutions are not Commercial Institutions, and therefore, the proceeding initiated before the Labour Court by the petitioner -appellant under the Shops and Establishment Act, 1953 was not maintainable. The petitioner -appellant aggrieved by the order of the Labour Court dated 29.3.2005, preferred the writ petition being W.P. (L) No. 4917 of 2005, which was dismissed by the High Court vide order dated 17.1.2006, whereby the order passed by the Labour Court dated 29.3.2005 has been upheld and now, it is conclusively decided against the petitioner -appellant that the Labour Court had no jurisdiction to entertain the claim of the writ petitioner.
(3.) AFTER the dismissal of the writ petition on 17.1.2006, the petitioner submitted an application before the Jharkhand Education Tribunal obviously under Section 9 of the Act of 2005 for the same relief for which he approached the Labour Court. The Education Tribunal was of the view that since the cause of action accrued to the petitioner -appellant on 15.4.1994 i.e. before three years from the date of constitution of the Tribunal and the Tribunal can entertain the application under Section 9 only, when the order under challenge has been made within three years, immediately before the establishment of the Tribunal.;