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2013 Supreme(Del) 538

VALMIKI J.MEHTA
LANCER CONVENT SR. SEC. SCHOOL – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates:
Advocate Appeared:
Mr. Sudhir Nandrajog, Sr. Advocate with Mr. S.N.Gupta, Advocate.
Ms. Shawana Bari, Advocate for Mr. Rajiv Nanda, Advocate for R-1. Mr. C.S.Parashar, Advocate for R-2.

JUDGMENT

VALMIKI J. MEHTA, J.

1. Identical issues are involved in all these 10 petitions and therefore, the same are being disposed of by this common judgment. The issue in this batch of cases is as to whether the employees of a school governed by the Delhi School Education Act and Rules, 1973, after invoking the remedy under the Industrial Disputes Act, 1947 on the ground that they are workmen, withdraw those cases before the Industrial Tribunal/Labour Court without taking permission for filing a case before the Delhi School Tribunal functioning under the Delhi School Education Act and Rules, 1973 , yet claim that the remedy under the Delhi School Tribunal is open to such employees. Putting it differently, whether the spirit of the provision of Order 23 Rule 1 CPC applies for barring the employees of a school in approaching the Delhi School Tribunal, although the earlier cases filed before the Industrial Tribunal/Labour Court are withdrawn without liberty to file proceedings before the Delhi School Tribunal. It is not disputed that the employees of the school, and who are for the sake of convenience referred to as the respondents, did apply before the Labour Court for withdrawal of










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