State Of Gujarat vs Arjunbhai Amrutlal Nayak & Ors.

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The State of Gujarat challenged the order dated 20.09.2013 passed by the Gujarat Secondary Education Tribunal in Application No. 167 of 2010, whereby the Tribunal quashed and set aside the stand taken by the District Education Officer and directed payment of salary to respondent No. 1 from the date of his reinstatement in service, along with directions for supplementary salary bills to be submitted to the DEO.

Respondent No. 1 was appointed as a peon on 24.01.1987 in a non-government granted school. He was suspended on account of serious allegations and complaints by a lady teacher, the punishment of which was confirmed by the State. Although acquitted by the Special Judge, Mehsana, a Labour Court reference under direction of the High Court led to a settlement between respondent No. 1 and the school management, upon which he was reinstated. The Tribunal, after subsequent proceedings regarding salary payment, passed the impugned order directing payment of regular salary and supplementary bills.

The State contended that the Tribunal erred in not considering that the proper remedy for disputes between school management and employees was under Section 36(5)(1) of the Gujarat Secondary Education Act, and that the parties had instead approached the Labour Court after nearly six years, bypassing the statutory mechanism. The petition sought certiorari to quash the Tribunal's order.

Catchwords: Gujarat Secondary Education Act non-government granted school peon suspension reinstatement Labour Court Gujarat Secondary Education Tribunal salary arrears District Education Officer certiorari Articles 226 and 227 of the Constitution of India