Hon’ble Delhi High Court has allowed a writ petition here on 30-01-2019 in the case of THE BIRLA SR. SECONDARY SCHOOL v. P.O., INDUSTRIAL TRIBUNAL-III & ANR stating that working in the private capacity can’t make anyone employee of that institution.

BRIEF FACTS OF THE CASE

The respondent no.2, claiming to have been engaged as a Chowkidar in the petitioner/School at a salary of Rs.350/- per month from 1st May, 1985 till 10th November, 1987, and the respondent no.3 have been engaged as a Peon at the salary of Rs.350/- per month from 15th November, 1986 to 14th October, 1987 raised an industrial dispute on the plea that he had been illegally terminated by the petitioner/School without following the procedure prescribed under the Industrial Disputes Act.

The labour tribunal decided that both were the employee and capable of having the benefits of the Industrial disputes act.

Aggrieved by the decision, this petition was filed before this court.

DECISION OF THE COURT

Hon’ble court held that both the respondent no.2 & late husband of the respondent no.3 had been appointed by the Principal in his private capacity, maybe for the smooth and efficient functioning of the School.

Court further held that there is absolutely nothing on the record to show that the respondent no.2 or late Sh. Shyam Singh had ever been appointed by the petitioner/School by following the procedure prescribed under the Delhi School Education Act, 1973.

Thus, the findings of the tribunal are wholly unsustainable and are accordingly set aside.

Read the full Judgement Here:

[embeddoc url=”http://lobis.nic.in/ddir/dhc/REP/judgement/30-01-2019/REP30012019CW75092002.pdf” download=”all”]