2011 Supreme(Raj) 1526
GOPAL KRISHAN VYAS
Lal Bahadur Shastri Educational Society, Jodhpur – Appellant
Versus
Rajasthan Non – Respondent
Advocates:
For the Petitioner:M.S. Singhvi, Advocate.
For the Respondents:S.K. Malik, Advocate.
JUDGMENT
1. - In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner Institution is challenging the validity of judgment dated 18.09.1995 (Annex.-15) and order dated 02.09.1996 (Annex.-8) passed upon application filed under Order 9, Rule 13 , read with Section 151 of the Code of Civil Procedure .
2. The case of the petitioner institution is that an appeal was preferred by respondent No.4 employee of the petitioner institution against his termination order before the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur. The said appeal was allowed by the Tribunal filed by respondent employee solely on the ground that before terminating the services of the respondent-employee. who was working on the post of Teacher, compliance of Section 18 of the Rajasthan Non- Government Educational Institutions Act, 1989 was not made. Said Judge dated 18.09.1999 was passed ex parte because, inspite of service, none appeared before the Tribunal on behalf of the petitioner institution. Thereafter, an application under Order 9, Rule 13 , read with Section 151, C.P.C. was filed. Said application was also rejected by the Tribunal on the ground t
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