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2010 Supreme(Del) 450

RAJIV SAHAI ENDLAW
APEEJAY SCHOOL – Appellant
Versus
DARBARI LAL – Respondent


Advocates Appeared:
Mr. H.L. Tiku, Sr. Advocate with Mr. Rajesh Goyal & Ms. Yashmeet, Advocates
Mr. Harish Malhotra, Sr. Advocate / Amicus Curiae with Mr. R.K. Modi, Advocate. Mr. Arun Birbal, Advocate / Co-Amicus Curiae.

JUDEMENT

Rajiv Sahai Endlaw, J. -- The petitioner school has preferred this writ petition challenging the order dated 26th November, 1999 of the Labour Court in a reference of an industrial dispute at the instance of the respondents 1 to 3. The respondents 1 to 3 claimed to be the employees (non-teaching) of the petitioner school and contended that the petitioner was neither issuing them identity cards nor giving them any legal benefits and asking them to render duties under fictitious names and on their refusal to do so, the petitioner school had refused work to them.

2. The petitioner contended before the Labour Court that it was a recognized private unaided school within the meaning of the Delhi School Education Act, 1973 (School Act) ; that Section 8 (3) of the said Act provides the remedy of appeal before the Delhi School Education Tribunal (School Tribunal) to any employee of the school against any order of dismissal, removal or reduction in rank; that in view of the existence of the specific remedy provided in the School Act, the Labour Court had no jurisdiction to entertain the dispute.

3. The Labour Court vide order impugned in this petition held that though the respondents
















































































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