Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act 1981 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981 - ss. 2(d), 3 and 19:Proprietary school - HCL, a Government enterprise was giving financial aid to it - Due to financial difficulties, HCL stopped financial aid - Teachers and staff working in the school did not get salaries - They filed writ petition before High Court seeking writ of mandamus against the management of HCL - Held: Giving financial assistance does not necessarily mean that all teachers and staff working in the school became employees of HCL - School was not run by management of HCL which merely provided funds - Hence, no writ of mandamus could be issued against the management of HCL to provide relief to the teachers and staff of the school - Alternative plea for issuance of mandamus to State Government to take over management of the school also not tenable since there was no such request from Managing Committee of the school - Constitution of India, 1950 - Article 226 - Service Law - Employer - employee relationship.Proprietary school - Respondent-company (BCCL) providing funds to it - Teachers of the school seeking pay parity with clerks working in Respondent-company - Held: Respondent-company was only extending financial assistance - School was essentially managed by a body independent of the management of Respondent-company - Therefore, Respondent-company cannot be saddled with the responsibilities of granting the teachers salaries equated to that of the clerks working in Respondent-company - Principle of equal pay for equal work not applicable, since the two groups viz. teachers and the clerks in Respondent-company are not identical - There is no question of pay parity, more so when the teachers are not employees of Respondent-company - Constitution of India, 1950 - Article 39(d) - Service Law - Equal pay for equal work.HCL, a Government Enterprise, used to provide financial aid to a proprietary school as defined in Section 2(d) of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981. Most employees of HCL were in Managing Committee of the said school. The management of HCL however came to be closed on account of financial stress, consequently no financial aid could be extended to the school and the teachers as well as the non-teaching staff of the school could not get their salaries. They filed writ petition before High Court seeking relief. The petition was dismissed. In appeal to this Court the questions which arose for consideration are 1) Whether the management of the school was the direct responsibility of HCL and a writ of mandamus could be issued against it and that 2) Whether, even if the school is not a part of the management of HCL, a direction could be given to the State Government under the Act of 1981 to take over management of the school. In the connected set of appeals, teachers of a proprietary school sought pay parity with the clerks of Bharat Coking Coal Limited (BCCL) which used to provide financial assistance to the school from time to time. The question which arose for consideration before this Court is whether the claim of pay parity was tenable. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 848 |
Petitioner | S.c. Chandra And Ors |
Respondent | State Of Jharkhand And Ors. |
SCR | [2007] 9 S.C.R. 130 |
Judgement Date | 2007-08-21 |
Case Number | 1532 |
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