Gujarat Educational Institutions Services Tribunal Can Direct Execution Of Its Orders: High Court

However, Justice Bhargav Karia explained that the Executing Court cannot go beyond the decree. In light of this, the Single Judge Bench held that the Tribunal was correct in enforcing the compromise arrived at by both the Petitioner Trust and the Teachers to pay the pay-scales in accordance with Clause 2 of the terms of the compromise.

The instant petition was filed by the Trust challenging the order of the Gujarat Educational Institutions Services Tribunal. There were several Respondents who were Primary Teachers in the school run by the Petitioner Trust who had initially sought salaries at par with the pay scale applicable for the grant-in-aid school. Accordingly, a settlement was arrived at in 2012 between the Trust and the Teachers wherein it was agreed that the salaries will be paid in consonance with Governmental Rules and Regulations. Later, a few teachers were not being paid the salary in accordance with the compromise and therefore, they filed an Execution Application before the Tribunal in 2014 for implementation of the 2012 settlement.

The Tribunal vide a 2015 order held that it had jurisdiction to proceed with the Execution Application. However, the Petitioner Trust again filed an application u/s 151 of CPC averring that the Tribunal had no jurisdiction to proceed with the Execution Applications. The same was rejected and it was directed that the Trust pay salaries within 2 months to the Teachers with 6% interest.

In the instant petition, the Trust argued that under Rule 106(4(iii) of the Bombay Primary Education Rule, 1949, the issues of promotion, pay scales and allowances of Teaching Staff would be regulated by the school board in case of Private Primary Schools. The instant school was not a grant-in-aid Private Primary Schools hence Governmental regulations cannot dictate pay scales etc. As regards, the Tribunal's jurisdiction, it was contested that after 2014, the new Gujarat Educational Institutions Services Tribunals Act of 2006 came into being and under this the Tribunal had no jurisdiction to execute its own order. It could also not direct interest @6% as that amounted to travelling beyond the scope of the consent terms between the parties. It was pointed out that the Tribunal could not pass the order in Execution Application as there was no decree drawn as per sec 2(2) of the CPC. Finally, the Trust was already paying the salary as per the terms and conditions of the compromise.

Addressing these contentions, the High Court affirmed the Respondent-Teachers' reliance on Girishchandra R. Bhatt and another v. Dineshbhai N. Sanghvi by stating:

"…While deciding the application filed under section 10 of the Contempt of Courts Act,1971 for non-compliance of the order of the Tribunal has held that the order of the Tribunal is executable in view of Clause 14 of Guj. Primary Education Tribunal (Procedure) Order, 1987 which confers power upon the Tribunal to exercise the powers under the provisions of the Code."

Justice Karia also restated the stance of the Apex Court in reference to the order of the Tribunal:

"True it is that there are some orders, which are in the nature of decree and thus capable of being executed as such…."

In the instant case, the High Court found that Tribunal was well within its powers to direct the Trust to comply with the 2012 settlement as per Government Regulations, particularly u/s 14 of the new 2006 Act. This was also because as per Section 10 of the Act of 2006, the Tribunal has a right to determine its own procedure. Thereby, it could adopt regulations of the Tribunal functioning prior to the commencement of the Act. Accordingly, the Tribunal had applied the Rules and exercised powers of executing its own order.

Keeping in view these precedents and provisions, the High Court dismissed the petition filed by the Trust.

Case No.: C/SCA/9462/2017

Case Title: GHARSHALA SANSTHA v/s JAYSHRIBEN GHANSHYAMLAL BHATT & 5 other(s)

Citation: 2022 LiveLaw (Guj) 373

Click Here To Read/Download Judgment