VidhiSangh

Supreme Court of India · 28/07/2022

SUNIL SIKRI versus GURU HARKRISHAN PUBLIC SCHOOL & ANR.

[2022] 11 S.C.R. 505 · 2022 INSC 764

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Summary

A teacher at a recognised private school in Delhi succeeded before the Delhi School Tribunal, which directed his reinstatement with 50% back wages. A Full Bench of the Delhi High Court held that under Rule 121 of the Delhi School Education Rules, 1973, the Managing Committee, not the Tribunal, decides pay and allowances for the period of absence. The Supreme Court agreed. Sections 8 and 11 of the Act give the Tribunal no express power to award back wages, and its CPC appellate powers do not supply one. Rule 121 is a power coupled with a duty. Once reinstatement is effected, the Committee must promptly decide, after notice, salary, treatment of the period and gainful employment. The Rule is not ultra vires. The Tribunal cannot be given implied power that would make Rule 121 otiose. The appeal was dismissed.

Issues

  1. Whether the Delhi School Tribunal, in an appeal under Sections 8 and 11 of the Delhi School Education Act, 1973, can award back wages to a reinstated employee.
  2. Whether Rule 121 of the Delhi School Education Rules, 1973, which vests that decision in the Managing Committee, is ultra vires the Act.
  3. Whether the Tribunal has implied or ancillary power to direct payment of pay and allowances when it sets aside a termination.

Provisions considered

Held

Result

Appeal dismissed. The Full Bench's answer that the Managing Committee decides back wages under Rule 121 of the Delhi School Education Rules, 1973, and that the Tribunal has no such power, was upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 505.