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R L Anand, a retired judge of the Punjab and Haryana High Court, took charge as the chairman of the Tribunal on Friday.
Employees of aided and unaided educational institutes in the state, caught in various disputes with their managements including those of promotion or pay scales, will soon be able to approach the Tribunal.
The state government’s decision to set up an Educational Tribunal comes years after the Supreme Court ordered for its setting up in states across the country. The apex court passed the order on October 31, 2002, acting on a writ petition, TMA Pai Vs State of Karnataka.
Five years later, the Punjab government introduced the bill, which was incorporated into the gazette on February 25, 2008.
The Tribunal will have two members, one from the administrative background not below the rank of principal secretary of the state government and the other from academic background who must have held the office of a college principal for a minimum of one year before retirement. The names of these members have not been announced so far. Besides, the government is yet to induct staff to make the Tribunal functional.
As per notification by the state government, the Tribunal will have the same powers as vested in the appellate courts by the Civil Procedure Code (CPC). It will thus have the power to stay operations of any order appealed against on such terms as it may think appropriate and the orders passed by it will be final.
It is expected that once the Tribunal becomes functional, cases being heard by the High Court or at the departmental level may also be transferred to it.
Justice Anand, who was a member of the Punjab State Human Rights Commission for five years after retirement from the Punjab and Haryana High Court in 2003, said the tribunal will have jurisdiction to hear all cases of disputes between managing committees and employees as defined in the Punjab Affiliated Colleges Security of Services Act 1974, and in Punjab Privately Managed Recognised Schools Employees Security of Services Act, 1979.
In May 2008, while hearing a case between a principal and a Mohali-based school management, the Punjab and Haryana High Court had pressed on the state government to constitute an educational tribunal. The court had also issued notices to the Punjab government on July 15, 2008, in the case and directed it to expedite the process of setting up the tribunal.
The state government has amended the Punjab Affiliated Colleges Security of Service Act, 1974, to incorporate the Educational Tribunal. The amendments have been made in Section 7 and the Tribunal has been substituted in clause 7A of the Act.
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It is very good news for teachers whivh are employed in private colleges but mostly teachers does not known the address of this tribunal.So if you have proper address of this pease mail me as quick as possible.
It is nice that Punjab Government has established "the Educational Tribunal" for redressing grievances of teachers and other employees serving in the non-government educational institutions in the State of Punjab. The Presiding Officer of the educational Tribunal must be a Judge of DJ rank or High Court Justice. Moreover, the person must be having faith in the Principles of natural justice for deciding the disputes arising between the employees and the managing committee. If feeling any trouble, one may contact or visit www.snehiljeevan.110mb.com (A site for the teachers and employees of the Private educational institutions. May God help you. -IKGoyal Advocate M : 09414212031
The I.A.S. Officers handle the work pertaining to framing of rules and regulations. Therefore, they always recommend the appointment of the Retired I.A.S. officers. Charity begins and ends in the same home. A great injustice is done to the professionals. These IAS officers handle sensitive matters of technocrats and professional without any knoledge of inticate service conditions and technicalities.It is unfortunate.
Dear Sir, It is nice that the punjab government has at last constituted the Educational Tribunal. It will surely result in the halt of exploitation of the teachers working in the privately managed colleges and schools. But the constitution of two members of the Tribunal is illogical as well as anomalous. While the member from the administrative background has been stpulated to be not below the rank of principoal secretarty of the state (meaning an IAS), minimum of whose pay scale is Rs. 18400; member from the academic background is required to be a principal with an experience of one year before retirement who are generally in pay scale of Rs 12000-19000.To run the Tribunal judiciously, , both the members from administrative as well academic background should be an academic administrator and an academician having retired in their respective field at least in the university professor's payscale. Appointment of an IAS on the Educational Tribunal is beyond comprehension.