1.0 By way of present petition, the petitioner has challenged the common judgement and order dated 24.12.2010 passed in Application No. 83/2003 by the Gujarat Secondary Education Tribunal whereby the learned Tribunal has partly allowed the application holding that the petitioner is entitled to receive the unpaid salary only to the tune of 25%.
2.0 The Tribunal in para 11 has observed as under:
"11.
From the detailed discussion made hereinabove, it is not in dispute that both the applicants remained out of job for a long time and from the discussion made hereinabove, it is crystal clear that the applicants as well as the management are responsible for the said situation. The respondent school is an aided private secondary school and the salary grant is given by the government only when the work from the employees is taken. In the instant case, the work from the employees (applicants) has not been taken for the disputed period and, therefore as rightly submitted by the Ld. G.P, the liability of payment of applicants' salaries cannot be fastened on the govt. However, considering the complete material that is Rojkams of different dates produced by the applicants, Rojkams made by the officers fo D.E.O's office, statements of the students and employees of the school and the letters of the management written to the applicants so also the replies files by the D.E.O, in my view, more blame can be attributed to the behaviour and conduct of the applicants that the school management. The applicants are, therefore, allowed only 25% of their unpaid salaries uptilnow from the funds of the management. They have to forgo their 75% of salaries for their acts."
3.0 Thus, the Tribunal has considered the matter in greater details and found that work was not taken from the employees during the disputed period. However, considering the overall aspects of the matter and striking a balance the Tribunal has passed the order in question which is just and proper. However, the respondent-Management is directed to complete the formalities in respect of the retirement dues from the date of the receipt of the order of this Court. If such payment is not made, the District Education Officer shall take action against the management for not complying with the order of the Tribunal. The petition stands disposed of accordingly. Notice is discharged.
(K.S.JHAVERI, J.) niru* Top