B.C. PATEL, J.

1. THE petitioners initially filed contempt application against four respondents, namely:

(i) Adarsh Prathmik Shala;

(ii) Adarsh Educational and Charitable Trust, notice of which was to be served through Shri Keshavlal Mohanlal Patel, who was one of the trustees;

(iii) Adarsh Educational and Charitable Trust, notice of which was to be served through Mangiri Shambhugiri, who was one of the trustees; and

(iv) Adarsh Educational and charitable Trust, notice of which was to be served through the Administrator Shri Dilipgiri Mangiri Goswami; inter alia contending that the respondents have not carried out the directions given in o the award pronounced by the Gujarat Primary Education Tribunal, Ahmedabad (for brevity "the Tribunal") in Application No. 14 of 1991.

2. THE Tribunal held that the applicants of the above application be paid salary as per Desai Pay Commission from 22-5-1986 to 25-4-1987; and as per Central Pay Commission from 25-9-1987 to May 1990, and resultant difference of salary. Applicant No. 1, who has retired in June 1990 be paid salary till that date and the other applicants be paid salary from June 1990 till the date of disposal of the application by account payee cheque within a period of two months from the date of order. The opponent- School was further directed to pay regular salary by account payee cheque.

It is contended on behalf of the applicants that as they are not being paid salaries, this application is filed. In view of the order passed by the Division Bench in the case of Girishchandra R. Bhatt and Anr. v. Dineshbhai N. Sanghvi, Principal, Sanghvi Primary School and Ors. XXXVII (1) GLR 812, the applicants ought to have approached the Tribunal for the benefits instead of approaching this Court.

3. HOWEVER, as the applicants have approached this Court and rule has been issued, we are dealing with this matter on merits. Since the proceedings are taken to this Court in this matter in a cavalier fashion, we will have to enumerate certain facts.

4.1. The school is run by a Trust known as Adarsh Educational and Charitable Trust. Before the Tribunal there were only three respondents, namely,

(i) Keshavlal Mohandas Patel,

(ii) Keshavlal Mohanlal Patel, trustee of Adarsh Educational and Charitable Trust, and

(iii) Administrative Officer, Ahmedabad Municipal Corporation, Ahmedabad. It appears that none appeared for respondent No. 3, namely Administrator while on behalf of respondent No. 2, it appears that one advocate Shri B. B. Raval appeared. On behalf of the applicants Shri S. V. Raju appeared. This is apparent from the award of the Tribunal. Before us learned Advocate Shri Prajapati, who argued the matter, made a statement that respondents No. 5, 6 and 7 came to be added in view of the affidavit filed by Keshavlal Mohandas Patel, the respondent No 1. Along with the affidavit xerox of a certified copy, obtained on 28-12-1990, is produced indicating that respondent No. 1 has resigned and names of three persons are added as trustees. He stated this for the first time. The affidavit of Keshavlal Mohandas Patel, which was sworn on 7-1-1994, is required to be referred to at this stage. In nutshell he stated in the affidavit that he is not aware of the proceedings which were initiated before the Tribunal by the petitioners.

4.2 According to the deponent-Keshavlal Mohandas Patel, he was neither served with any summons nor with notice from the Tribunal. He neither appeared nor engaged any advocate to represent him. He has pointed out that he was shown as Principal as well as trustee in the cause title of the order passed by the Tribunal as well as in this petition. In fact he was neither a Principal nor a trustee. He has stated on oath that he has resigned as Principal of the said School as back as in the year 1990. He has also stated on oath that he has resigned as a trustee of the said trust in the year 1990.

4.3 A Change Report was also submitted before the Charity Commissioner seeking necessary ch