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2000 Supreme(AP) 565

Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
Bharat Heavy Electricals Higher Secondary School Staff Association.Ramachandrapuram - Appellant
Versus
Bharat Heavy Electricials Limited - Respondent
Decided On : 08-02-00

Headnote:

Constitution of India - Articles 14,16 and 21 - Education - Termination of the services - W. P. was filed by Bharat heavy Electricals Higher Secondary School staff Association and some other teachers of that school seeking Writ of Mandamus directing the Bharat Heavy Electricals limited to continue and run the Bharat heavy Electricals Limited Higher secondary School with classes from L. K. G. to 12th as a welfare measure in accordance with the objectives of the company memorandum and also the constitutional obligations under Article 45 of the constitution of India - Held, Learned Counsel also relied on the judgment of the Supreme Court in Indian Overseas Bank vs. I. O. B. Staff Canteen workers Union wherein Workmen of Cooperative Canteen run for the staff of Indian overseas Bank, with the fund of Bank, held to be workmen of Bank - But this decision is of no avail to the petitioners - It was a decision arising under the Industrial disputes Act and the matter was referred to by the Tribunal and the Tribunal held on the basis of the material produced before it that there exists a relationship of master and servant and, therefore, that decision cannot be invoked by the petitioners in the present case - Petition dismissed

G. BIKSHAPATHY, J.

( 1 ) ALL these Writ Petitions can be disposed of by a common judgment.

( 2 ) W. P. NO. 29998/98 was filed by Bharat heavy Electricals Higher Secondary School staff Association and some other teachers of that school seeking Writ of Mandamus directing the Bharat Heavy Electricals limited to continue and run the Bharat heavy Electricals Limited Higher secondary School with classes from L. K. G. to 12th as a welfare measure in accordance with the objectives of the company memorandum and also the constitutional obligations under Article 45 of the constitution of India. They further seek the declaration that the petitioners Nos. 2 to 9 are the employees of Bharat Heavy electricals Limited. Further direction was sought to continue the staff and also pay them the emoluments, gratuity, etc. , as applicable to Bharat Heavy Electricals limited Employees. They also seek declaration restraining the B. H. E. L. from closing down the classes from 1996 onwards by not admitting the students which has a consequential effect of termination of the services of the teaching staff as discriminatory and violation of the articles 14,16 and 21 of the Constitution of india. In W. P. Nos. 30278 of 1998 and 3806 of 1998, similar reliefs were sought. The petitioners have sought for very ambitious relief, but in nutshell their grievance is that they should be treated as the employees of the B. H. E. L. for the purpose of emoluments and for the purpose of terminal benefits and that the school should be directed to be run by the B. H. E. L. without closing down the school as welfare measure to the employees of the B. H. E. L.

( 3 ) OTHER Writ Petitions are filed challenging the termination order passed by the B. H. E. L. School Committee by the b. H. E. L, Educational Society and termination order dated 25-2-2000 and for consequential relief of reinstatement into service and other benefits.

( 4 ) IN W. P. No. 29998 of 1998, it is the case of the petitioners that the Bharat Heavy electricals Limited, a Government of India public Sector Undertaking (hereinafter called as b. H. E. L.), was established in the year 1964. As a welfare measure, it has established a Secondary School in 1964 in pursuance of Clause 27 of the memorandum of Association. The school was built in the township of B. H. E. L. The management of the school initially was entrusted to a school Committee consisted of officials of B. H. E. L. It was functioning under the style of B. H. E. L. Education committee. Employees both teaching and non-teaching under the school administration were given P. F. account, income-tax was deducted at source, they were given the membership of B. H. E. L. Credit Society and also numbers of the P. F. linked Pension, which is applicable to the b. H. E. L. Employees. The selection of the teaching and non-teaching staff was done by the B. H. E. L. officers only. The salaries of the teaching and non-teaching staff was paid by the B. H. E. L. from its own funds. In fact both administrative and financial affairs of the school committee were being undertaken by the B. H. E. L. management. According to the averments, the curriculum introduced by the school was 10 Plus 2 pattern. The salaries and other service conditions of the employees was on the pattern of Kendriya Vidyalaya pay scales. It has been running the classes from 1st standard to 10th Standard. The strength of the school in 1978 was 3,400, in 1986 it was 4,600, in 1996 it was 2,800. The students established merit record in the public examinations. But, however, with the passage of time, apart from the B. H. E. L. Secondary school, six more schools were allowed to be established in the township of b. H. E. L. namely Z. P. High School, St. Anns high School, Bharatiya Vidya Bhavan public School, Jyothi High School, geethanjali High School, Vidya Bharathi high School. The admissions in that schools were controlled by the B. H. E. L. and subsidy is also provided to these schools in respect of the



















































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