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It may be worth noting that an aided school is bound to follow the dictat of the relevant provisions of applicable rules etc. 4 and the findings of the Tribunal thereupon, it is the appellants who are obligated to pay the back wages to respondent No. It is important to note that when the aforesaid writ petition was disposed of on 31st July, 2007 no intimation was given to the High Court by the RIMS or by Sciemed to the effect that about a week earlier, that is, on 25th July, 2007 a work order had already been issued to Sciemed in respect of the notice inviting tender.

For these reasons, even when Education Officer Advocates (find more info) was impleaded as a respondent in the appeal filed by respondent No. 2, who initiated the enquiry, was not lawfully empowered to do so without the decision of the Enquiry Committee being supported by the Managing Committee. 4, the School Tribunal consciously did not give any direction for payment of these back wages by the Education Department. Had termination order been set aside under such circumstances, it would have amounted to setting aside the order of the Government making the Government responsible for payment of back wages, as the act of termination, found ultimately illegal, would have been with the blessings of the Government/Education Officer.

While on one hand the 1st respondent asserted a right to seek determination of a separate tariff independent of the tariff fixed under the 1st Tariff Order in view of the stipulation contained in the 1st Tariff Order that for a project that does not get such benefit, the Commission would, on a petition in that respect, determine a separate tariff taking into account all the relevant facts did not seek a relief before the 2nd respondent to determine a separate tariff but claimed the Advocates; her response, benefit of the 2nd Tariff Order.

We find that in the peculiar facts of the present case, the School Tribunal consciously put the burden of paying back wages of respondent No. Assuming for the sake of argument that the petition filed by the 1st respondent (1270/2012) is to be treated as an application for determination of separate tariff which would be identical with the tariff fixed under the 2nd Tariff Order, whether the 1st respondent would be entitled for such a relief depends, if Advocates (find more info) at all he is entitled to seek such a determination, on a consideration of all the relevant facts but not by virtue of the operation of the 2nd Tariff Order.

Assignment and transfer of insurance policies. Insofar as present case is concerned, we are of the opinion that it is not necessary to go into the issue as to whether Government Resolution dated Advocates (find more info) 14. This would have led to a situation where the State Government/Education Officer would have given its imprimatur to the entire proceedings including order of termination of respondent No. for conduct of Departmental enquiries and termination of services of an employee present thereto. In the instant case, the concerned rules are Maharashtra Employees Private School Rules, 1981 (hereinafter referred to as the 'Rules') and the concerned provisions applicable were the Act, 1977 (which came into force from 20.

The findings of the School Tribunal are also to the effect that the mandatory provisions of law were not followed. 1978 is no more valid or whether provisions of the Act or Rules are contrary to the aforesaid Resolution and, therefore, would govern the field. For the reasons recorded hereinafter, we find that the manner in which action was taken by the appellants against respondent No. 132 and 133(1)(c) of the Constitution arises out of a writ petition filed by the respondent in the High Court of Orissa under Art.

Gujarat Urja Vikas Nigam Limited (ii) there is no specific stipulation in the Tariff Order that the power producers like Rasna which do not wish to avail the benefit of accelerated depreciation should intimate the same to the appellant before entering into the PPA; (iii) nor there is any obligation under any law by which Rasna is bound to disclose the fact before signing the PPA that it would not avail the benefit of accelerated depreciation.

111 of 2012 dated 30th April, 2013[11] pertaining to Rasna Marketing Services LLP v. 1 and 2 framed in this behalf were specifically decided against the appellants. The 1st respondent created enough confusion. It is, therefore, a case where appellants acted without jurisdiction and without adhering to the provisions of the Act and the Rules. 4 upon the appellant school authorities. 1978, as noted above). One of the submissions of the 1st respondent which was accepted by the Tribunal is that the issue is covered by an earlier judgment of the Tribunal in Appeal No.

The School Tribunal while holding the termination to be illegal gave a specific finding to the effect that appellant No. Had the provisions of Rules been followed, that would have initiated participation of the representatives of the Government in the decision making process right from decision to initiate the enquiry to the dismissal of respondent No. " (1) A transfer or assignment of a policy of life insurance, whether with or without consideration may be made only by an endorsement upon the policy itself or by a separate instrument, signed in either case by the transferor or by the assignor, his duly authorised agent and attested by at least one witness, specifically setting forth the fact of transfer or assignment.

However, in the present case, what is found is that the State Government/Education Officer had no role to play in passing the order of termination and the school authorities acted without jurisdiction thereby transgressing their powers to terminate. Specific findings to this effect are recorded by the School Tribunal. It was further found that no Enquiry Committee as per the Rules was constituted. 226 seeking to quash the proceedings taken by certain tenants of his private lands under the provisions of the Orissa Tenants' Protection Act, 1948 (Orissa III of 1948), hereinafter referred to as the 1948 Act.