A suit for benefits claimed by employees of a private educational institution is not maintainable in Civil Court when a special statute provides an alternative forum for redress.

ORAL JUDGMENT

This appeal is preferred by the defendant under Section 100 of CPC , challenging the judgment and decree dated 17.07.2023 passed by the XI Additional District and Sessions Judge, Belagavi (for short ‘First Appellate Court’) in RA No.34/2022, confirming the judgment and decree dated 08.04.2022 in OS No.166/2015 on the file of I Additional Senior Civil Judge and CJM, Belagavi, (for short ‘Trial Court’) decreeing the suit of the plaintiff.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

3. Facts of the case in nutshell are that, it is the case of the plaintiff before the Trial Court that the plaintiff is an employee of the defendant-Educational Institution, having been appointed as a Wiremen with salary of Rs.550/- per month and thereafter, the salary was fixed as per the scale of Rs.810-15- 900-20-1100-30-1300. It is the case of the plaintiff that, the plaintiff has joined his duties on 30.07.1987 on par with the salary of the Government Servant. It is further stated in the plaint that during the course of his service in the defendant- Society, the salary was paid as per the Government Servant and also he was entitled for other allowances, which is permissible to the State Government employees. It is also stated in the plaint that the State Government has been periodically enhanced the Dearness Allowance to its employees however, same was denied to the plaintiff by the defendant- Institution. It is also contended in the plaint that plaintiff had earned leave to his credit and same was surrender at the time of his retirement however, the said benefit of Earned Leave Encashment was denied to the plaintiff by the defendant- Institution. It is also stated in the plaint that the plaintiff has been denied benefit of HRA and CCA on par with the State Government Employees. The plaintiff made a claim for arrears of aforementioned benefits and same was rejected by the defendant-Institution at the time of retirement of the plaintiff. Hence, the plaintiff has preferred OS No.166/2015 against the defendant-Institution for recovery of money as the plaintiff is entitled for difference of dearness allowance, house rent allowance, earned leave and city compensatory allowance on par with the Government employees.

4. After service of summons, the defendant– Institution entered appearance and filed detailed written statement admitting that the plaintiff was working in the defendant-society. However, denied the averment made by the plaintiff that the plaintiff was getting salary as per Government pay-scales which have been given to the Government employees holding civil posts. It is the specific case of the defendant that the plaintiff is not entitled for difference of dearness allowance, house rent allowance, earned leave and city compensatory allowance on par with the Government employees. It is also stated in the written statement that the plaintiff was working in a private unaided institution under the management of defendant-Society. The defendant-Society has its own rules and regulations regarding service conditions of its employees and therefore, the same cannot be treated on par with the employees of the State Government and accordingly, it is stated in the written statement that the plaintiff is bound by the service conditions of the defendant-Society. It is also contended by the defendant that the suit is not maintainable and that apart suit is barred by law of limitation. Hence, the defendants sought for dismissal of the suit.

5. The Trial Court, based on pleadings on record, has formulated issues for its consideration.

6. In order to establish his case,