Om Prakash vs Guru Nanak Institute of Management And Information Technology

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2024 Supreme(Del) 711

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Om Prakash & Ors. - Appellants
Versus
Guru Nanak Institute of Management And Information Technology & Ors. - Respondents
W.P.(C) 8529 of 2017 and CM APPL.Nos.35084 of 2017, 32772 of 2018, 10712 of 2020, 31829 of 2020, 31873 of 2020, 1827 of 2021 and W.P.(C) 7881 of 2018 and CM APPL.Nos. 30201 of 2018, 10686 of 2020, 31828 of 2020, 31874 of 2020 and 1820 of 2021
Decided On : 15-03-2024

Important Points

IMPORTANT POINT
The main legal point established in the judgment is that the availability of an alternative and efficacious remedy under the Delhi Sikh Gurdwara Management Committee Act, 1971 does not bar the maintainability of writ petitions. However, the alternative remedy must be exhausted before approaching the writ court.

Subject

Civil Law - Employment Law

Headnote

Salaries - Employees Grievances - Delhi Sikh Gurdwara Management Committee Act, 1971 - Section 32, Section 33 - The court held that the disputes between the petitioners and the respondents are subject to the jurisdiction of the District Judge under Section 32 of the Act. The court dismissed the writ petitions as non-maintainable due to the availability of an alternative and efficacious remedy under the Act. The court emphasized that the writ jurisdiction should not be invoked in cases of contractual disputes without a public law element. The court also highlighted that the alternative remedy must be exhausted before approaching the writ court.

Fact of the Case:

The petitions were filed by employees seeking relief such as quashing the orders of temporary lay-off, directions for payment of salaries, and reinstatement. The respondents are educational institutes functioning through Governing Bodies created and nominated by the Delhi Sikh Gurdwara Management Committee (DSGMC). The employees' grievances include illegal withholding of salaries for several months.

Finding of the Court:

The court found that the petitions were not maintainable as the disputes fell under the jurisdiction of the District Judge under Section 32 of the Act. The court emphasized that the existence of an alternative remedy was not a bar to filing the writ petitions. However, in this case, the court held that the alternative remedy must be exhausted before approaching the writ court.

Issues: The main issue was whether the instant batch of petitions was maintainable despite the availability of an alternative remedy under the Act.

Ratio Decidendi: The court held that the alternative remedy under Section 32 of the Act must be exhausted before approaching the writ court. The court emphasized that the writ jurisdiction should not be invoked in cases of contractual disputes without a public law element.

Final Decision: The court dismissed the instant batch of petitions as non-maintainable and granted the petitioners the liberty to approach the concerned District Court for redressal of their grievances.

Advocates appeared:
Mr.Rajat Aneja and Mr. Saurabh Jha, Advocates, for the Petitioners in W.P.(C) 8529/2017 and CM APPL.Nos.35084/2017, 32772/2018, 10712/2020, 31829/2020, 31873/2020, 1827/2021, Appearance not given in all other Writs.
Mr.Anil Soni, Standing Counsel for AICTE.

JUDGMENT

Chandra Dhari Singh, J.

1. The batch of petitions pertains to employees of respondent- Guru Nanak Institute of Management and Information Technology and the grievances of the employees alongwith their relief has been tabulated herein below:

S.NoWrit Petition No.Title of the writ petitionPetitioner's prayerPetitioner's position1.W.P.(C) No. 3034 OF 2023 Kuljit Singh and Another Vs Guru Nanak Institute of Management and Information Technology and others @BULLET=Writ Petition under article 226 for the issue of mandamus, directing the respondents to pay the arrears of salary to the tune of 40% from May 2020 to May 2021
@BULLET=to further direct the Respondents to pay the arrears of salary pending for the last 9 months to the Petitioners, i.e. from June 2022 till February 2023, and to continue to timely and regularly release the salaries of the Petitioners, to further direct the Respondents are to pay the salaries in terms of the Pay Commission recommendations along with the respective benefits such as annual increments, dearness allowance, etc., without any break in service Petitioner No. 1, Mr.Kuljit Singh, has been appointed as a Accounts Clerk by Guru Hargobind Institute of Management and Information Technology (hereinafter referred to as GHIMIT).

Petitioner no. 2, Mrs. Ramanpreet Kaur has been appointed as a Receptionist by the Respondent No. I, the Guru Nanak Institute of Management and Information Technology (hereinafter referred to as GNIMIT), both the Petitioners were subsequently transferred by the Respondent No. 2 (being the parent body, i.e. the DSGMC), and are now working with GNIMIT.
Respondent no. 1, GNIMIT
Respondent No. 2, DSGMC
Respondent No. 3, AICTE

2.W.P.(C) No. 3104 OF 2020 Surinder Singh and Others Vs Guru Nanak Institute of Management and Information Technology and others Writ petition filed by petitioner nos.1 to 27, working for respondent no. 1. Managed by respondent no.2 and approgved by respondent no.3.

Petitioners permanent employee of respondent 2, working with respondent 1, continue to stay at the same position and remuneration for years, the respondents have been unlawfully and illegally withholding the salaries of the petitioners for the last more than 4 months, while the petitioners are providing the services. Petitioner no.
1. Surinder Singh Lab Attendant
2. Anurag Mittal Associate Professor
3.Shubhra Saggar Assistant Professor
4. Shipra Jain Assistant Professor
5.Seema Girdhar Assistant Professor
6.Archana Deshpande Assistant Professor
7. Ekata Gupta Assistant Professor
8.Nilesh Kumar Assistant Professor
9. Himmat Kaur Computer Lab Assistant
10.Satwinder Kaur Receptionist
11.Sunita Kalra, LDC
12.Inderpreet Kaur, LDC
13.Kulvinder Singh, UDC
14.Rajvinder Singh, Assistant Caretaker
15.Devender KUMAR, LDC
16.Krishna Kumar, Sweeper
17. Saraswati Sweeper
18.Gyanendra Kumar Rai Watchman
19.Bhupinder Singh, Daftari
20. Avtar Singh Electrician
21.Attinder Pal Singh, Library Attendant
22.Davinder Singh, Watchman
23.Bavleen Singh, Watchman
24.Naveen Daftari
25.Raminder Kaur, UDC
26.Gurinderpal Singh, Store keeper
27.Dalvinder Kaur, Library Assistant3.W.P.(C) No. 3569 OF 2020 Darshan Singh and Others Vs Guru Nanak Institute of Management and Information Technology and others All the Petitioners herein are working with the Respondent No.1 Institute for the past more than 20-25 years; however, many of them continue to languish on the same post with the same remuneration on which they were initially appointed. Respondents herein, who have no regard to the rule of law have been illegally and unlawfully withholding the salaries of the Petitioners for several months, and at present, for the last more than 7 months (i.e. since December 2019). 1. Mr. Darshan Singh, Field Work
2. Dr. Mamta Shah Assistant Professor
3. Ms. Avninder
Kaur Sodhi, LDC
4. Mrs. Jagjeet Kaur Assistant Placement
5. Ms. Babneet Kaur LDC
6.Ms. Neetu, LDC
7. Mr. Malvinder Singh, Librarian
8. Mr. Harminder Singh, Computer Lab As