CWP-25172-2018 (O&M) -1-
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
DPSG PALAM VIHAR GURUGRAM VS RAJNI SHARMA AND
ANOTHER
Present: Mr. A.S. Talwar, Advocate
for the petitioner.
Mr. Ajay Bhardwaj, Advocate
Mr. Shiv Kumar Rana, Advocate
for the respondents.
****
This bunch of writ petitions has been filed under Article
226/227 of the Constitution of India, CWP No.25172 of 2018 being the lead
case, for issuance of a writ in the nature of certiorari for quashing order
dated 18.07.2018 (Annexure P-6) passed by the Education Tribunal,
Gurugram.
In brief, the case set up is that respondent No.2 was under
contractual employment of DPSG, Palam Vihar, Gurugram and was served
with termination order dated 16.11.2017. The said order was challenged
before the Education Tribunal wherein an application under Section 8 of the
Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of
1996) was filed, praying that since there is an arbitration agreement between
the parties and therefore, the matter should be referred to arbitration. The
Education Tribunal vide order dated 18.07.2018 dismissed the application
filed under Section 8 of the 1996 Act. Aggrieved against the said order, the
present writ petition has been filed.
Learned counsel appearing on behalf of the petitioner would
submit that as per Section 20 of the Haryana School Education Act, 1995,
the Managing Committee of every recognized private school shall enter into
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Neutral Citation No:=
CWP-25172-2018 (O&M) -2-
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
a written contract of service with every employee of such school and as per
Section 20 (3) (e) of the said Act, any dispute arising out of any breach of
contract between the employee and the managing committee with regard to
pay and other allowances, leave of absence, age of retirement, contributory
provident fund and other benefits and any disciplinary action leading to the
dismissal or removal from service or reduction in rank of the employee, will
be referred to the arbitration. Once a contract of service has been entered
into specifying terms and conditions of service of an employee, his
allowances, age of retirement etc. and a dispute arises with regard thereto
including a dispute regarding dismissal or removal from service or
reduction in the rank, the matter has to be referred to the arbitration.
Learned counsel appearing for the petitioner would further
argue that even though the Education Tribunal has been set up in terms of
the judgment rendered by the Hon'ble Supreme Court in TMA Pai
Foundation and others Vs. State of Karnataka and others (2002) 8 SCC
481, it would not be able to adjudicate a dispute which has arisen between
the employer and employee in case a service contract has been entered into
between them, containing a clause for arbitration. It is also argued that
service contract has been duly signed by both the parties and therefore, the
matter has to be necessarily referred to arbitration, which has not been done
in the present case, as the application under Section 8 of the Act of 1996
stands dismissed.
The question that arises for consideration is whether an
Education Tribunal can entertain the matter where a service contract has
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Neutral Citation No:=
CWP-25172-2018 (O&M) -3-
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
been entered into between the parties containing an arbitration clause.
Counsel for the parties would seek time to assist the Court on
the issue.
Adjourned to 31.07.2023.
A photostat copy of this order be placed on the file of each
connected case.
(JAISHREE THAKUR)
JUDGE
March 23, 2023
Pankaj
From India, Gurgaon
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
DPSG PALAM VIHAR GURUGRAM VS RAJNI SHARMA AND
ANOTHER
Present: Mr. A.S. Talwar, Advocate
for the petitioner.
Mr. Ajay Bhardwaj, Advocate
Mr. Shiv Kumar Rana, Advocate
for the respondents.
****
This bunch of writ petitions has been filed under Article
226/227 of the Constitution of India, CWP No.25172 of 2018 being the lead
case, for issuance of a writ in the nature of certiorari for quashing order
dated 18.07.2018 (Annexure P-6) passed by the Education Tribunal,
Gurugram.
In brief, the case set up is that respondent No.2 was under
contractual employment of DPSG, Palam Vihar, Gurugram and was served
with termination order dated 16.11.2017. The said order was challenged
before the Education Tribunal wherein an application under Section 8 of the
Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of
1996) was filed, praying that since there is an arbitration agreement between
the parties and therefore, the matter should be referred to arbitration. The
Education Tribunal vide order dated 18.07.2018 dismissed the application
filed under Section 8 of the 1996 Act. Aggrieved against the said order, the
present writ petition has been filed.
Learned counsel appearing on behalf of the petitioner would
submit that as per Section 20 of the Haryana School Education Act, 1995,
the Managing Committee of every recognized private school shall enter into
1 of 3
::: Downloaded on - 12-05-2023 12:15:19 :::
Neutral Citation No:=
CWP-25172-2018 (O&M) -2-
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
a written contract of service with every employee of such school and as per
Section 20 (3) (e) of the said Act, any dispute arising out of any breach of
contract between the employee and the managing committee with regard to
pay and other allowances, leave of absence, age of retirement, contributory
provident fund and other benefits and any disciplinary action leading to the
dismissal or removal from service or reduction in rank of the employee, will
be referred to the arbitration. Once a contract of service has been entered
into specifying terms and conditions of service of an employee, his
allowances, age of retirement etc. and a dispute arises with regard thereto
including a dispute regarding dismissal or removal from service or
reduction in the rank, the matter has to be referred to the arbitration.
Learned counsel appearing for the petitioner would further
argue that even though the Education Tribunal has been set up in terms of
the judgment rendered by the Hon'ble Supreme Court in TMA Pai
Foundation and others Vs. State of Karnataka and others (2002) 8 SCC
481, it would not be able to adjudicate a dispute which has arisen between
the employer and employee in case a service contract has been entered into
between them, containing a clause for arbitration. It is also argued that
service contract has been duly signed by both the parties and therefore, the
matter has to be necessarily referred to arbitration, which has not been done
in the present case, as the application under Section 8 of the Act of 1996
stands dismissed.
The question that arises for consideration is whether an
Education Tribunal can entertain the matter where a service contract has
2 of 3
::: Downloaded on - 12-05-2023 12:15:19 :::
Neutral Citation No:=
CWP-25172-2018 (O&M) -3-
CWP-31340-2018 (O&M)
CWP-2985-2019
CWP-31342-2018 and
CWP-31336-2018 (O&M)
been entered into between the parties containing an arbitration clause.
Counsel for the parties would seek time to assist the Court on
the issue.
Adjourned to 31.07.2023.
A photostat copy of this order be placed on the file of each
connected case.
(JAISHREE THAKUR)
JUDGE
March 23, 2023
Pankaj
From India, Gurgaon
The Apex Court in the historic case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299 had ruled that in all civil cases stay granted by a court shall automatically expire at the end of 6 months from the date of the order.
can Educational Tribunal start hearing in this matter
From India, Gurgaon
can Educational Tribunal start hearing in this matter
From India, Gurgaon
Previous Details of this Matter are Given Below
Delhi public school ghaziabad society (CBSE Affilation number is 530101) had takeover on Chiranjiv Bharati School (CBSE Affilation number is 530101) on 1st April 2016 and give a letter and said now you are employee of DPSG same with previous Term condition those you had signed with chiranjiv bharati school.And in 2018 without giving any prior notice to me. DPSG said your job is terminate not need to come to school.
DPSG affiliation no 530101 is get affiliation to CBSE in 2019 then How DPSG can terminate my job in january 2018 i am employee in chiranjiv bharati school since 2001 those are takeover by DPSG in 2016.
I appealed in education tribunal then DPSG is filled application in Educational tribunal Gurgaon for Refer to Arbitration this matter which education tribunal Judge dismissed and mention in dismiss order its not a valid agreement between teacher and DPSG so it cannot be refer to arbitration .After that in 2018 DPSG take order of High court in which mention that proceeding will be going but final order shall not be passed.
for this no result come till date in this matter Which is delaying in justice
From India, Gurgaon
Delhi public school ghaziabad society (CBSE Affilation number is 530101) had takeover on Chiranjiv Bharati School (CBSE Affilation number is 530101) on 1st April 2016 and give a letter and said now you are employee of DPSG same with previous Term condition those you had signed with chiranjiv bharati school.And in 2018 without giving any prior notice to me. DPSG said your job is terminate not need to come to school.
DPSG affiliation no 530101 is get affiliation to CBSE in 2019 then How DPSG can terminate my job in january 2018 i am employee in chiranjiv bharati school since 2001 those are takeover by DPSG in 2016.
I appealed in education tribunal then DPSG is filled application in Educational tribunal Gurgaon for Refer to Arbitration this matter which education tribunal Judge dismissed and mention in dismiss order its not a valid agreement between teacher and DPSG so it cannot be refer to arbitration .After that in 2018 DPSG take order of High court in which mention that proceeding will be going but final order shall not be passed.
for this no result come till date in this matter Which is delaying in justice
From India, Gurgaon
The matter has not reached finality, so at this stage, no party can state that they have won or lost. The Hon'ble court has not considered the matter on its merits and has fixed the matter for hearing all the parties on 31.07.23 on the question of whether the Tribunal can hear the matter or whether it has to be referred for arbitration as per the service contract. Hopefully, the court would hear the matter on that date and you can be sanguine of success.
From India, Mumbai
1530From India, Mumbai
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