SUNIL SIKRI versus GURU HARKRISHAN PUBLIC SCHOOL & ANR.

SUNIL SIKRI versus GURU HARKRISHAN PUBLIC SCHOOL & ANR.

The Tribunal does not have an express statutory power under Sections 8 and 11 of the Delhi School Education Act, 1973 to award back wages merely by virtue of having appellate powers under the CPC; Rule 121 of the Delhi Education Rules, 1973 vests the Managing Committee with a mandatory power coupled with a duty to inquire and decide on salary and allowances (including whether the period of absence is to be treated as duty) upon reinstatement, and Rule 121 is not ultra vires Sections 8 and 11 and must be harmonised with the Act; therefore the Tribunal cannot supplant the Managing Committee's statutory duty to determine pay/allowances under Rule 121, though in terminations outside Rule...

Parties
Appellant: SUNIL SIKRI; Respondent: GURU HARKRISHAN PUBLIC SCHOOL & ANR.
Jurisdiction
India
Judgment Date
28 July 2022
Procedural Posture
Civil Appeal / Appeal to the Supreme Court; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Back Wages, Tribunal Powers, Reinstatement, Suspension, Ultra Vires Review, Rule Interpretation
Education Law Employment Law Administrative Law Back Wages Tribunal Powers Reinstatement Suspension Ultra Vires Review +1 more

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Parties

SUNIL SIKRI

Appellant

GURU HARKRISHAN PUBLIC SCHOOL & ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court; Judgment Delivered

Legal Issues

  1. 1 Whether Sections 8 and 11 of the Delhi School Education Act, 1973 contain any express provision empowering the Tribunal to order back wages
  2. 2 Whether Fundamental Rule 54 (and analogous departmental remedies) fortify the respondent's contention that managing committee must decide pay/allowances on reinstatement
  3. 3 Whether Rule 121 of the Delhi Education Rules, 1973 is ultra vires Sections 8 and 11 of the Act or otherwise in conflict with them

Ratio Decidendi

The Tribunal does not have an express statutory power under Sections 8 and 11 of the Delhi School Education Act, 1973 to award back wages merely by virtue of having appellate powers under the CPC; Rule 121 of the Delhi Education Rules, 1973 vests the Managing Committee with a mandatory power coupled with a duty to inquire and decide on salary and allowances (including whether the period of absence is to be treated as duty) upon reinstatement, and Rule 121 is not ultra vires Sections 8 and 11 and must be harmonised with the Act; therefore the Tribunal cannot supplant the Managing Committee's statutory duty to determine pay/allowances under Rule 121, though in terminations outside Rule...

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs