Liability of successor university under Section 57(1) of the Ordinance of 2008 for obligations incurred by the predecessor university.

1. Heard. Since the common question of law is involved in these writ appeals therefore, they are heard together on the question of maintainability also and disposed of by this common order. For the sake of convenience the facts are borrowed from W.A. No. 614/2015.

2. This intra-Court appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant against the order dated 30/09/2015, passed in W.P. No.8685/2014 whereby the learned writ court upheld the order dated 19/07/2014 (Annexure-P/6), passed in Case No. 45/2015 dismissed the appeal.

3. Appellant - Superintendent, Rajmata Vijaya Raje Scindia, Regional Agricultural Research Station, Ujjain which is under the "Rajmata Vijayaraje Scindia Krishni Vishvavidyalaya, Gwalior" is aggrieved by the order passed on 30/09/2015.

4. Brief facts of the case are that earlier, in the State of Madhya Pradesh, Jawaharlal Nehru Krishi Vishwavidyalaya, 2008 i.e. "Gwalior Agriculture University Oridance 2008", Rajamata Vijaya Raje Scindia Krishi Vishwavidyalaya came into existence.

5. The respondent in this appeal was an employee working at the Rajmata Vijaya Raje Scindia, Regional Agricultural Research Station, Ujjain, which was earlier a part of and an establishment under the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur. The Ordinance of 2008 came into effect on 19th August, 2008. The respondent was an employee of the University i.e. Regional Agricultural Research Station and was retrenched without being paid any compensation. The application for reference was filed and the same was forwarded to the Labour Court, Ujjain under section 10 of the Industrial Dispute Act. An award was passed on 30/06/2012. Thereafter MCC was preferred by the respondent i.e. MCC No. 257/2012. The Labour Court has passed an award dated 30th January, 2014 directing the appellant to pay the amount of retrenchment compensation. The original award has not been challenged by the Jawaharlal Nehru Krishi Vishwavidyalaya or by the Rajmata Vijaya Raje Scindia Krishi Vishwavidhyalaya till the date before any forum. The order passed in MCC No. 257/2012 dated 30/06/2012, by which the present appellant has been held liable to pay the retrenchment compensation, is under challenge. The question arise before the learned writ court, whether the present appellant is required to pay the amount or not, being the successor University of the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur. Section 57 of the Ordinance of 2008 reads as under :

57. (1) As from such date as the State Government may, by notification specify in the this behalf all constituent colleges of the Jawaharlal Nehru Krishi Vishwavidyalaya situated in the areas specified in sub - section (1) of Section 6 imparting instruction in Agriculture, Horticulture, Veterinary Science and Animal Husbandry or any other allied subjects for bachelor's decree or higher and all research stations within those areas which are operated for carrying out research in agriculture and allied sciences together with lands, hostels and other buildings, furniture, library, laboratories, stores, instruments, apparatus, appliances and equipments and livestock belonging to such colleges and stations and the budget programme made for them shall be transferred to and vest in the University

(2) On and from the date of transfer of any college or research station under subsection (1), the following consequences shall ensue, namely:

(a) the employees of the Jawaharlal Nehru Krishi Vishwavidyalaya

i. Who were working in or were attached to the colleges for research stations situated within the jurisdiction of the University on the said date; or

ii. Who but for their temporary absence from such colleges or research stations on account of any cause would have been working in or remained attached thereto on the said date; or

iii. Except the employees who have been recruited against the separate cadre posts created in college of Horticulture