D. N. Patel, A.C.J. - (1.) This Letters Patent Appeal has been preferred by the original petitioner, whose writ petition being W.P.(L) No.2204 of 2014 has been dismissed by the learned single Judge vide judgment and order dated 21.01.2016, whereby the Labour Court was permitted to adjudicate the dispute of the termination of the Laboratory Assistant in St. Xavier School, Ranchi, instead of Jharkhand Education Tribunal, which is constituted under the Jharkhand Education Tribunal Act, 2005 (for the sake of brevity hereinafter referred to as ' the Act, 2005) in the teeth of Sections 8 & 19 thereof.
(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that the Jharkhand Education Tribunal Act, 2005, has been enacted for the following objects and reasons :- "An Act to make suitable provisions for constitution of a statutory forum, to be known as Appellate Tribunal for looking into the grievances of teachers of aided, affiliated and private educational institutions and that of the parents/guardians of the students studying therein and to comply with the order of the Hon'ble Supreme Court in the matter of TMA Pai v. Karnataka State, 1996 AIR(SC) 2652 and the ruling dated the 5th August, 2003 passed by the Division Bench of the Hon'ble Jharkhand High Court in the matter of W.P. (PIL) No. 2744 of 2003." (Emphasis supplied)
(3.) Thus, the Special Tribunal has been constituted under the Act, 2005, to decide the disputes between the employee and the management of the school. For ready reference, Sections 8 & 19 of the Act, 2005, read as under :- "8. Jurisdiction, power and authority of the Jharkhand Education Tribunal. "(1) Save as otherwise expressly provided in this Act, the Jharkhand Education Tribunal shall exercise on and from the appointed day, all the jurisdiction, power and authority exercisable immediately before that day by all Courts (Except the Jharkhand High Court and Supreme Court of India) regarding : (a) Matters concerning recruitment to any post in connection with the affairs of the educational institution; (b) All matters concerning the service conditions of employees of the educational institutions; (c) Grievances of the employees against the management of the educational institutions; (d) Grievances of the guardians and parents of students against the management of the educational institutions regarding teaching standards, fee structure infrastructural facilities, development works and allied matters related thereto; (e) Such matters relating to educational institutions as may be referred to the Tribunal by the State Government notification from time to time. 9. Application to Tribunal. "(1) Subject to other provisions of this Act, a person aggrieved by an order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievances. Explanation. "For the purposes of this sub-Section 'Order' means an order made :- (A) By the Management of an aided, affiliated and private educational institution; (B) By an officer, committee or other body or agency of such educational institutions referred to in clause (A). (2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee, if any, in respect of the filing of such an application and by such other fees for the service or execution of processes as may be prescribed by the State Government. (3) On receipt of an application under sub-section (1) the Tribunal shall, if satisfied that the application is fit for adjudication or trial by it, admit such an application. Where the Tribunal is not satisfied, it may summarily reject the application after recording its reasons. (4) Where an application has been admitted by the Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules." (Emphasis supplied);