(July 24, 2001) 2001 (TLS)125551

2001-DLT-94-261 :: 2001-AD (Del)-7-205

MANAGEMENT OF M/s SHAFIQ MEMORIAL HIGHER SECONDARY SCHOOL,bara HINDU RAO,delhi Vs. Sh. Padam Kant Saxena, Presiding Officer Labour Court No. IX, Tis Hazari, Delhi

DALVEER BHANDARI

( 1 ) THIS Letters Patent Appeal is directed against the judgment and order dated 6. 1. 1996 passed by the learned Single Judg,e dismissing the writ petition in limine. The appellant had challenged in the writ petition the award passed by the learned Presiding officer, Labour Court No. IX, New Delhi published in the gazette on 16. 10. 1995.

( 2 ) BRIEF facts necessary to decide this appeal are set out as under

( 3 ) THE appellant is a recognised aided minority educational institution. Respondent No. 2 Mohammed salman Abbasi was appointed as an Upper Division clerk on a purely ad-hoc basis from 11. 6. 1977 to 31. 12. 1977. According to Rule 98 of the Delhi School Education rules,1973, it is mandatory that every appointment made by the managing committee of an aided school shall initially, be provisional and requires the approval of the Director of Education. In other words, no appointment in an aided school can be made with