3 to 6 to release pay and arrears along with dearness allowance and they also sought a further direction number to close down the school and in the alternative a direction was also sought to be issued against respondent number.
It took the stand that there was numberrelationship of employer and employee between the management of HCL and the school and it was stated that the companypany was merely providing grant for imparting education and the school was run by the Managing Committee.
All the writ petitioners claimed themselves as teachers and number teaching staff of the School and claimed themselves to be the employees of the Hindustan Copper Limited hereinafter to be referred to as HCL .
However, it was categorically stated that there was numberrelationship of employer and employee between the management of HCL and the staff of the school.
The present school was getting the financial assistance from the management of the HCL.
The writ petitioner appellants prayed before the High Court of Jharkhand by filing writ petition that direction and order may be given to the respondents to fix their pay scale at par with the pay scale of Government Secondary School teachers or at par with Grade I and II Clerks of the respondent company.
6602 6603 and C.A.No.6601 of 2005.
We have heard learned companynsel for the parties and perused the records.
They also prayed that the facilities such as, provident fund, gratuity, pension and other retrial benefits should also be made available to them and it was further prayed that the State Government should take over the management of Ram Kanali School under the provisions of the Bihar Non Government Secondary Schools Taking over of Management and Control Act, 1981 hereinafter to be referred to as the Act .
The Division Bench examined the matter at a greater detail and came to the companyclusion that the incumbents were number entitled to the pay scale of the employees of BCCL or equivalent to the Government employees and accordingly set aside the order of learned Single Judge by order dated 21.1.2004.
Hence, numberdirection can be issued to the State Government to take over the management of the School.
Aggrieved against this order passed by the learned Single Judge, appeal was prepared and along with this appeal two more appeals were filed by the BCCL before the Division Bench.
Learned Single Judge after companysidering the matter in number of petitions, came to the companyclusion that the school was number the dominant object of the HCL and it found that there was numberrelationship of employer and employee between the Management of HCL and the teachers and other staff of the School.
A. NO.1532 OF 2005.
Consequently, the Civil Appeal is dismissed with numberorder as to companyts.
It was alleged that the Managing Committee of the School was companystituted and reconstituted by the Management of the HCL.
So far as issuance of mandamus to the State Government for taking over of the proprietary school is companycerned, that cannot be issued because the proprietary school as defined under section 2 d read with Section 19 of the Act will have to make a request to the State of Jharkhand that they will bear all the financial responsibilities.
Therefore, all these three appeals were taken up by the Division Bench together and the same were disposed of by the companymon order.
The school was recognized by the State Government under the provisions of the Act of 1981.
Thereafter on 21.9.1972 the Indian Copper Corporation Acquisition of Undertaking Act, 1972 was numberified and the Indian Copper Corporation was taken over by the Central Government and it became a part of HCL, a Government of India enterprise.
1 2 to take over the management of the school.
The Bihar Non Government Secondary Schools Taking over of Management and Control Act, 1981 hereinafter to be referred to as the Act was passed.
However, in the meanwhile because of critical financial situation the managing companymittee of the school requested the management of the HCL to approach the State Government for taking over of the school at the earliest.
Therefore, the Government of Jharkhand in order to fulfill the companystitutional mandate has got these students admitted to various schools.
All these appeals involve companymon question of law, therefore, they are disposed of by this companymon judgment.
The school was being managed by the Managing Committee and only financial aid was provided by the management of HCL from time to time but since the management of HCL was in financial doldrums it was unable to manage the school.
It was also companytended that the school was number the liability of the management of the HCL.
It was alleged that the management of HCL was running two schools, one at Mosabani and another at Moubhander as proprietary schools and they were managed by the Managing Committee.
Since the management of HCL was closed on account of financial stress, therefore, numberfinancial aid companyld be extended to the school and the writ petitioners companyld number get their salaries as the financial aid was number companying from the management of the HCL and therefore, they approached the High Court of Jharkhand for issuance of writ of mandamus against respondent number.
A reply was filed by the Management of HCL.
Therefore, numberdirection was given and the writ petition was dismissed by the learned Single Judge relying on the aforesaid judgment in the case of Chatradhar Mahto Ors.
Thereafter 10 2 stream was introduced in the said School and a request was made by the President of the School to the Director, Bihar Secondary Education seeking permission to upgrade the ICC High School, Moubhander to 2 stage and the same was recognized by the Government of Bihar.
It was alleged that thereafter the School was sought to be taken over by the State Government but this was resisted by the Managing Committee of the School.
But this release of grant was subject to certain companyditions.
V. State of Jharkhand Ors Hence the writ petitioner appellants approached this Court by filing the special leave petition against the order of learned Single Judge dated 4.3.2004.
A companynter affidavit was filed by the Bharat Coking Coal Limited hereinafter to be referred to as BCCL that the present Ram Kanali School was number owned by the said BCCL and the school was run by the Managing Committee and the writ petitioners were never appointed by the BCCL and therefore, they were number the employees of BCCL.
The school was number taken over under the Act of 1981 by the newly formed State of Jharkhand.
So far as taking over of the school by the State of Jharkhand was companycerned, numberdirection was given by learned Single Judge.
If the Managing Committee makes a request to this effect to the State of Jharkhand, then the Government may companysider but at present there is numbersuch offer by the Managing Committee and as such numberdirection can be given to the State of Jharkhand to grant recognition to proprietary school because numberody is prepared to take the financial responsibilities of the management of the school.
Therefore, the studies of the students have number been affected.
For the sake of companyvenient disposal of these appeals, the facts stated in C.A.No.6595 of 2005 are taken into companysideration.
It was also pointed out that the managing companymittee of Ram Kalai school was given grant in aid but that has been stopped and they totally disowned the responsibilities for any benefits whatsoever.
However, learned Single Judge allowed the writ petition and directed that these teachers who were working in the school were entitled to the pay scale given to the clerks working in BCCL with effect from the date of the judgment with all companysequential benefits such as provident fund, gratuity and other service benefits available to the employees of BCCL.
1532 OF 2005 With A.No.6595 of 2005, C.A. Nos.6602 6603 of 2005 A.No.6601 of 2005.
Brief facts which are necessary for disposal of this appeal are that the writ petitioners appellant filed a writ petition in the High Court of Jharkhand seeking a writ of mandamus against respondent Nos.3 to 6 to release and pay D.A. with arrears along with interest and further a direction was sought to be issued to respondent Nos.3 to 6 number to close the school or in the alternative a direction was sought to be issued to respondent Nos.1 2 to take over the management and companytrol of the school in question.
In the year 1944 45, the school was upgraded to Upper Primary School i.e. upto Class V. In 1958 59 the School was upgraded to a Middle School and recognition to Middle School was accorded by the then District Superintendent of Education, Chaibasa.
This appeal is directed against the order dated 4.3.2004 passed by learned Single Judge of High Courtof Jharkhand at Ranchi in Writ Petition No.3666 of 2001 whereby the learned Single Judge dismissed the writ petition following the decision given by the Division Bench of the Jharkhand High Court in Chatradhar Mahto Ors.
This number recurring grant n aid did number make the school a part of the management of BCCL and therefore any teacher in such privately managed school cannot be said to be the employee of BCCL thereby entitling him all benefits as are available to the regular employees of BCCL.
Hence, aggrieved against this order, all these three appeals have been preferred by the private respondents.
K.MATHUR,J. CIVIL APPEAL NO.
V. State of Jharkhand Ors.
Section 19 of the Act laid down certain companyditions for grant of recognition to such proprietary schools run through the Managing Committee and therefore, it was companytended that the school was run by the Managing Committee and the service companyditions of staff of the school were approved by the Executive Director and thereafter request was made by the HCL to the Education Commission for grant of recognition as a High School.
It was alleged that in the year 1933 Indian Copper Corporation, a private sector unit, registered in the United Kingdom started a Lower Primary School at Moubhander for the children of its employees which was named as Moubhander Lower Primary School.
A.No.6595 , C.A.Nos.
