JUDGMENT :

1. This appeal has been preferred by the appellant, Surendra Kumar Rai against the order dated 19.05.2017 passed by learned Chairman, Jharkhand Education Tribunal in Case No.27 of 2015 (JET).

2. Learned counsel Mr. Abhijit Kumar Singh, on the instruction of learned counsel for the appellant, Mr. Deen Bandhu, has assailed the impugned judgment passed by the learned Tribunal particularly finding no.1 that the Vidya Vikas Samiti, Jharkhand, Ranchi is the overall controlling and supervisory authority of the appellant and not Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa. The Vidya Vikas Samiti, Jharkhand, Ranchi is competent to transfer/depute the appellant and to take disciplinary action against him.

3. Learned counsel for the appellant has submitted that the above finding was given unnecessarily by the learned Tribunal though this part of the order is assailed on the ground that there is a title suit pending between the Management of the School before the Civil Judge Sr. Division, Chaibasa vide Title Suit No. 09 of 2018. The plaintiff -Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa filed suit against the defendant -Vidya Vikas Samiti, Jharkhand, Ranchi, in which prayer has been made under Order 39 Rule-1 & 2 CPC for injunction, but the same has not been granted by the learned Sub-Judge.

4. Learned counsel for the appellant has assailed the impugned award relying upon his submissions recorded in the impugned judgment at paragraph 10. No further ground has been taken by learned counsel for the appellant except the title suit pending before the Court of Sub-Judge, as such, for the sake of convenience paragraph-10 of the impugned judgment is reiterated here:-

10. As regards, the question no.1, the main submissions of the petitioner are :-

(i) That the Vidya Vikas Samiti, Jharkhand, Ranchi, is not managing the Padmawati Jain Saraswati Shishu Vidya Mandir, Chaibasa, rather the local managing committee is managing it under the control of the Padmawati Jain Saraswati Shishu Vidya Mandir, Sangathan, Chaibasa.

(ii) That the Vidya Vikas Samiti, Jharkhand, Ranchi, is an affiliating body as is apparent from the letter written by them to the Assistant Provident Fund Commissioner vide their letter no. 4249/0809 dated 12.02.2009 wherein they have specifically stated that they do not recruit the teachers nor have monitoring control over any Saraswati Shishu Mandir Schools. Rather their purposes is of training of the recruited teachers and all the Saraswati Shishu Mandir Schools are most probably managed by separate local committees.

(iii) That another document filed by the petitioner is the judgment of the Tribunal in case no.18/2010 (JET), Smt. Poonam Giri Vrs. Vidya Vikas Samiti through its Secretary, Shukla Colony, Hinoo, Ranchi, which according to him, covers his case.

(iv) That the respondent no.1 and 2 have not denied that they are not the affiliating body. It is added that Rs.1000/- was paid to Vidya Vikas Samiti, Jharkhand for affiliating Saraswati Shishu Mandir, Chaibasa (Now Padmawati Jain Saraswati Shishu Vidya Mandir, Chaibasa) by the local managing committee.

(v) That he was appointed by the Vananchal Siksha Samiti, Bihar (now Jharkhand) a society registered under the Societies Registration Act and a separate organisation and his pay was also fixed by the said organisation and not by the Vidya Vikas Samiti, Jharkhand, Ranchi.

(vi) That the balance sheet of Vidya Vikas Samiti, Jharkhand from 31.03.2003 to 31.03.2008 (procured by him under the Right to Information Act from the office of the Registrar of Societies) does not mention the name of Saraswati Shishu Mandir, Chaibasa, which shows that the said school was not managed by the Vidya Vikas Samiti, Jharkhand, Ranchi.

5. The learned Tribunal has also considered the submissions of respondent no.1 Vidya Vikas Samiti, Jharkhand, Ranchi and Sri Mukesh Nandan Pradesh Sachiv, Vidya Vikas Samiti, Jharkhand, which is reproduced in paragraph-11 as under:-